^ u> 


An’Ordinance 

To  adopt  section  142  A.  of  chapter 
326,  of  the  general  laws  of  the  state  of 
Wisconsin  for  the  year  1889,  as 
amended  by  chapter  312  of  the  gener- 
al laws  of  the  state  of  Wisconsin  for 
the  year  1893,  and  as  further  amend- 
ed by  chapter  199  of  the  general  laws 
of  the  state  of  Wisconsin  for  the  year 
1895,  in  lieu  of  section  51  of  chapter 
409  of  the  laws  ®f  the  state  of  Wiscon- 
sin for  the  year  1887. 

The  Mayor  and  Common  Council  of 
the  City  of  Berlin  do  ordain  as  follows 

Section  1.  That  section  142  A.  of 
chapter  326,  of  the  general  laws  of  the 
state  of  Wisconsin  for  the  year  188&  ‘ 
as  amended  by  chapter  312  of  the  gen- 
eral laws  of  the  state  of  Wisconsin  for 
the  year  1898,-«*4«rther  amended^.' 
chapter  199  of  the  the. state 

-WIscoi  i for.jjhe  year  1895,  be,  i / 

409  of  the  laws  of 


AYiseot  ‘for  the  year 
J tectimT*.  chapter  409 


the  stated  Wisconsin  for  the  year 
1887,  thr  chapter 

409  of  tlwrawBX  ,„.i  df^tlficcln- 
sin  for  the  year  lbo  i is  hereby’ITmend-  1 
ed  by  striking  therefrom  the  section 
numbered  51  therein,  and  inserting  in 
lieu  thereof,  as  provided  in  and  by 
chapter  326  of  the  general  laws  of  the 
state  of  Wisconsin  for  the  year  1889, 
and  the  several  acts  amendatory 
thereof,  said  section  142  A.  so  th&t 
said  section  51  shall  be  and  shall  read 
as  follows:  Section  142  A.  The  com- 
mon council  shall  have  power  to  an- 
nually levy  such  sum  or  sums  of  mon- 
ey as  may  be  sufficient  for  the  several 
purposes  for  which  taxes  are  author- 
ized to  be  I^i«3;.andbo7apjiortion  the 
same  inttpsudh-  -funde^for-dty  and 
ward  gd*}ip£es 'as  they -may  provide 
by  orsUnKnce  or  resolution.  JfroEided, 
a t%X  levied  for  aoyjneyear  ftSl-  mun- 
fepal  purposes,  together  with  -the  tax 
reqititjlto  fie  levied for^atate,_£0Qnty 
and-c dapty  school  .purposes, for 
delinquent  taxes  for. ithff  preceding 
year,  shall  abt  exceed.  thc-cM‘(JUnt  of 
three  per  cefHa'gf  the  agskfted  value  of 
real  and  personal  property  hf  the  city 

that  year. 

This  ordinance  shall  take  effect  and 


y&uyy 


yZ&eP 


\y£j». 

■^PZyZzyy-- 


and  ,‘ublication 
-a  assed,  adopted  and  approved  this 
oeventh  day  of  May,  A.  D.,  1896. 
Attest,  Henry  Morman,  City  Clerk. 

John  J.  Wood,  Jr.,  Mayor. 


'S' Sr/  1 


- 


ytS^P  sfaytC*-'  ZzfifcL  yJS 

fczmy  zzyy  yrzz.  jGcA,yzzy-  — 

<=^Prvrj  /Hfrv'Vvu?^  C&ypi 


Digitized  by  the  Internet  Archive 
in  2016  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/municipalcodeofbOOberl 


THE  MUNICIPAL  CODE 


OF 

BERLIN 

COMPRISING  THE 

CHARTER 

AND  THE 

General  Ordinances 


OF  THE  CITY 


CODIFIED  AND  REVISED. 


PUBLISHED  BY  AUTHORITY  OF  THE 
COMMON  COUNCIL 


COURANT  STEAM  PRINT, 
BERLIN  WIS. 

1890. 


,0-W-c^  i (Lctiw# 


CONSTITUTION  OF  THE  STATE  OF  WISCONSIN  RELATING 
TO  MUN  ICIPALITIES. 


j 

i 


ARTICLE  VII. 

Section  15.  The  electors  of  the  several  towns,  at  their  annual 
town  meeting,  and  the  electors  of  cities  and  villages,  at  their  charter 
election,  shall,  in  such  manner  as  the  legislature  may  direct,  elect 
justices  of  the  peace,  whose  term  of  office  shall  be  for  two  years,  and 
until  their  successors  in  office  shall  be  elected  and  qualified.  In  case 
of  an  election  to  fill  a vacancy,  occurring  before  the  expiration  of  a 
full  term,  the  justice  elected  shall  hold  for  the  residue  of  the  unexpired- 
term.  Their  number  and  classification  shall  be  regulated  by  law. 
And  the  tenure  of  two  years  shall  in  no  wise  interfere  with  the  class- 
ification in  the  first  instance.  The  justices,  thus  elected,  shall  haye 
such  civil  and  criminal  jurisdiction  as  shall  be  prescribed  by  law. 

ARTICLE  XI. 

Section.  2.  No  municipal  corporation  shall  take  private  prop- 
erty for  public  use,  against  the  consent  of  the  owner,  without  the  nec- 
essity thereof  being  first  established  by  the  verdict  of  a jury. 

Section  3.  (As  amended  at  general  election,  Nov.  3,  1874). 
It  shall  be  the  duty  of  the  legislature,  and  they  are 

hereby  empowered,  to  provide  for  the  organization  of  cities  and  in- 
corporated villages,  and  to  restrict  their  power  of  taxation,  assess- 
ment, borrowing  money,  contracting  debts  and  loaning  their  credit, 
so  as  to  prevent  abuses  in  assessments  and  taxation,  and  in  contract- 
ing debts  by  such  municipal  corporations.  No  county,  city,  town, 
village,  school  district,  or  other  municipal  corporation,  shall  be  allowed 


4 


CONSTITUTION — RELATING  TO  MUNICIPALITIES. 


to  become  indebted  in  any  manner  or  for  any  purpose,  to  any  amount 
including  exsiting  indebtedness  in  the  aggregate,  exceeding  live  per 
centum  on  the  valueof  the  taxable  property  therein,  to  be  ascertained 
by  the  last  assessment  for  state  and  county  taxes  previous  to  the  in- 
curring of  such  indebtedness.  Any  county,  city,  town,  village,  school 
district,  or  other  municipal  corporation,  incurring  any  indebtedness, 
as  aforesaid,  shall,  before  or  at  the  time  of  doing  so,  provide  for  the  collec- 
tion of  a direct  annual  tax  sufficient  to  pay  the  interest  on  such  debt, 
as  it  falls  due,  and  also  to  pay  and  discharged  the  principal  thereof, 
within  twenty  years  from  the  time  of  contracting  the  same. 


THE  MUNICIPAL  CODE 

OK  BERLIN, 

t 


Comprising  the  Charter  and  the  General  Ordinances  of 
the  City,  Codified  and  Revised. 


CHAPTER  409.  LAWS  OF  1887. 

AN  ACT  to  revise,  consolidate,  and  amend  the  act  incorporating  the 
city  of  Berlin,  and  the  several  acts  amendatory  thereof. 

The  people  of  the  State  of  Wisconsin , represented  in  senate  and 
assembly,  do  enact  as  follows: 

. CHAPTER  I. 

INCORPORATION. 

Section.  1.  All  that  district  of  country  in  the  counties  of  Green 
Lake  and  Waushara,  contained  within  the  limits  and  boundaries 
hereinafter  described  shall  be  a city  by  the  name  of  “Berlin,”  and 
the  people  who  now  inhabit,  and  those  who  shall  hereafter  inhabit 
the  same,  shall  be  a municipal  corporation  by  the  name  of  “The 
City  of  Berlin,”  and  as  such  shall  have  the  general  powers  possessed 
by  municipal  corporations  at  common  law,  and  in  a ldition  thereto 
shall  possess  the  powers  hereinafter  specifically  granted,  and  the 
authorities  thereof  shall  have  perpetual  succession,  shall  be  capable 
of  contracting  and  being  contracted  with,  of  suing  and  being  sued, 


6 


STATUTES  RELATING  TO  THE  MUNICIPAL 


pleading  and  being  impleaded,  in  all  courts  of  law  and  equity,  and 
shall  have  a common  seal  and  may  change  and  alter  the  same  at 
pleasure. 

CITY  AND  WARD  BOUNDARIES. 

Section.  2.  The  following  described  territory  shall  be,  and  the 
same  hereby  is,  included  within  the  corporate  limits  of  the  said  city 
of  Berlin,  to-wit:  Sections  number  three,  four,  nine,  ten  and  the  east 
half  of  sections  five  and  eight,  and  that  part  of  section  number  sixteen, 
and  the  east  half  of  section  number  seventeen,  lying  north  of  the  cen- 
ter of  Fox  river,  all  in  township  number  seventeen  north,  of  range 
number  thirteen  east,  and  that  part  of  sections  number  thirty-three 
and  thi  rty-four  in  township  number  eighteen  north,  of  range  thirteen 
east,  lying  south  and  east  of  the  center  uf  Fox  river. 

Section  3.  The  territory  of  said  city  shall  be  and  the  same 
hereby  is  divided  into  five  wards,  as  follows: 

FIRST  WARD. 

All  that  portion  of  section  number  four  in  said  city  lying  east  of 
the  center  of  Fox  river,  shall  constitute  and  be  the  First  ward. 

second  ward. 

All  of  section  number  three  and  that  part  of  sections  number 
thirty-three  and  thirty-four  in  said  city,  shall  constitute  and  be  the 
Second  ward. 

THIRD  WARD. 

All  that  portion  of  sections  number  nine  and  ten,  in  said  city,  ly- 
ing east  of  the  center  of  Fox  river,  shall  constitute  and  be  the  Third 
w ard. 

FOURTH  WARD. 

All  that  portion  of  said  city  lying  south  of  the  center  of  Broadway 
street  and  west  of  the  center  of  Fox  river,  shall  constitute  and  be  the 
Fourth  ward. 

FIFTH  WARD. 

All  that  portion  of  said  city  lying  north  of  the  center  of  Broad- 
way street  and  west  of  the  center  of  Fox  river,  shall  constitute  and  be 
the  Fifth  ward. 

CHAPTER  II. 

Section  4.  The  corporate  authority  and  government  of  said 
corporation  shall  be,  and  is  vested  in  the  mayor  and  common  coun- 
cil, subject  to  the  reservations  and  exceptions  hereinafter  contained. 
The  common  council  shall  be  composed  of  the  mayor  and  two  alder, 
men  from  each  ward. 

Section  5.  The  elective  officers  of  said  city  shall  be  a mayor,  a 
city  clerk,  an  assessor,  a city  tieasurer,  a superintendent  of  schools 
■two  justices  of  the  peace  and  two  constables  elected  by  the  city  at 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


7 


large  and  two  aldermen  and  one  supervisor  and  two  school  commis- 
sioners from  each  ward.  All  elective  officers  shall,  unless  elected  to 
fill  a vacancy,  hold  their  respective  offices  for  two  years,  and  until 
their  successors  are  elected  and  qualified;  provided,  however,  the 
council  shall  have  power  for  due  cause  to  expel  any  of  its  own  mem- 
bers, and  to  remoye  from  office  any  officer  or  agent  of  the  city  ex- 
cept justices  of  the  peace,  due  notice  of  such  cause,  and  an  opportun- 
ity to  be  heard  before  said  council,  being  first  given  to  the  officer  or 
agent  proposed  to  be  removed.  Tne  term  of  every  officer  elected  un- 
der the  provisions  of  this  act,  shall  commence  on  the  second  Tuesday 
of  April  of  the  year  for  which  such  officer  is  elqpted;  provided,  that 
the  terms  of  the  officers  elected  at  the  first  election  under  the  pro- 
visions of  this  act  shall  commence  on  the  fourth  Tuesday  in  April, 

1887,  and  the  term  of  office  of  all  officers  elected  at  the  first  election 
under  this  act  shall  expire  on  the  second  Tuesday  of  April,  1889,  ex- 
cept in  case  of  one  alderman,  one  school  commissioner  and  one  su- 
pervisor whose  term  of  office  shall  expire  on  the  second  Tuesday  of 
April,  1888.  The  term  of  office  of  all  appointed  officers  shall  expire 
on  the  first  day  of  May  next  following  the  time  when  he  enters  upon 
the  office  to  which  he  is  appointed.  No  person  who  is  not  a resident 
elector  of  said  ciiy  shall  be  eligible  to  any  office  therein. 

Section  6.  At  the  first  election  held  in  said  city  under  the  pro- 
visions of  this  act,  there  shall  be  elected  a mayor,  an  assessor,  a city 
treasurer,  a superintendent  of  schools,  a justice  of  the  peace  and  one 
constable  from  the  city  at  large.  At  said  election  there  shall  be  elect- 
ed from  each  ward,  one  alderman,  one  school  commissioner,  and  one 
supervisor,  whose  term  of  office  shall  be  one  year,  and  one  alderman 
and  one  school  commissioner,  whose  term  of  office  shall  be  two  years; 
aldermen  and  school  commissioners  elected  thereafter  except  to  fill 
vacancies,  shall  hold  their  offices  for  two  years;  provided,  however, 
that  the  aldermen  and  school  commissioners  of  said  city  who  are  now 
in  office  and  whose  term  of  office  does  not  expire  until  April  A.  D. 

1888,  shall  represent  the  ward  in  which  they  shall  respectfully  re- 
side as  said  city  is  divided  by  this  act,  and  where  there  is  any  such 
alderman  or  school  commissioner  residing  in  any  ward,  only  one  al- 
derman or  school  commissioner  shall  be  elected  at  said  first  election, 
and  they  shall  severally  remain  in  office  for  two  years;  and  provided 
also,  that  no  elective  officer  shall  be  voted  for  at  said  first  election, 
when  there  is  now  a person  occupying  such  office,  whose  term  of  of- 
fice, as  now  constituted,  will  not  expire  till  April,  1888,  but  such  per- 
son shall  continue  to  exercise  his  said  office  until  his  successor,  elect- 
ed at  the  regular  April  election  in  the  year  1888,  shall  have  qualified. 
The  ballots  which  shall  be  cast  for  alderman  and  school  commisson- 


8 


STATUTES  RELATING  TO  THE  MUNICIPAL 


ers  at  said  first  election  shall  designate  the  person  voted  for  whose 
term  of  office  shall  be  one  year,  and  the  person  whose  term  of  office 
shall  be  two  years.  The  present  marshal  of  said  city  shall  continue 
in  office  until  after  the  April  election  in  the  year  1888,  and  shall  have 
all  the  powers  of  chief  of  police  and  shall  perform  the  same  duties 
and  sustain  the  same  liabilities,  and  the  common  council  shall  not 
appoint  a chief  of  police  hereunder  until  a vacancy  shall  occur  in  said 
office  of  marshal,  either  by  resignation  or  expiration  of  term  of  office. 
All  the  present  appointed  officers  of  said  city  shall  remain  in  office 
until  their  successors  are  appointed  and  qualified. 

Section  7.  The -common  council  shall  appoint  a supervisor  to 
represent  in  the  county  board  of  supervisors  of  Waushara  county  that 
part  of  said  city  which  lies  within  Waush  oa  county,  and  such  super- 
visor shall  possess  all  the  powers  of  a supervisor  of  Waushara  county. 

Section  8.  The  annual  election  for  city  and  ward  officers  shall 
be  held  on  the  first  Tuesday  in  April  in  each  year,  at  such  convenient 
places  as  the  common  council  shall  direct;  provided,  that  the  first 
election  under  this  act  shall  be  held  on  the  third  Tuesday  in  April 
1887.  The  poll  ofea  h ward  shall  be  kept  op  n from  nine  o’clock  in 
the  forenoon  until  five  o’clock  in  the  afternoon  of  the  same  day,  and 
shall  be  within  the  ward  for  which  it  is  held.  Ten  days’  notice  of  such 
election  shall  be  given  by  the  city  clerk,  by  publication  thereof  in  any 
newspaper  published  regularly  in  said  city  and  if  there  be  no  such 
newspaper,  then  by  posting  three  written  or  printed  notices  of  such 
election  in  three  public  places  in  each  ward  of  said  city,  but  the 
omission  to  publish  or  post  such  notices,  shall  vitiate  no  such  election. 
Special  elections  may  be  held,  when  ordered  by  a majority  of  the 
common  council,  specifying  the  objects  thereof,  provided  ten  days’ 
notice  thereof,  specifying  the  time  and  places  for  holding  the  same, 
and  the  objects  thereof,  be  given  as  above  provided.  Such  notice 
may,  in  either  case,  be  given  by  any  five  electors  if  there  be  no  of- 
ficer to  give  the  same. 

Section  9.  All  persons  who  are  qualified  electors  of  the  state  of 
Wisconsin,  who  have  resided  in  the  ward  or  precinct  where  he  offers 
to  vote  for  ten  days  prior  to  any  election  hereunder,  shall  be  deemed 
a qualified  elector  of  such  precinct  or  ward. 

Section  10.  All  elections  by  the  people  shall  be  by  ballot,  and  all 
votes  for  elective  officers  (except  those  whose  duties  appertain  to 
school  matters),  at  any  election  shall  be  upon  one  ballot,  and  be  de- 
posited in  one  ballot  box,  and  all  votes  for  elective  officers  whose  du- 
ties appertain  to  school  matters,  at  any  election,  shall  be  upon  one 
other  ballot,  and  be  deposited  in  one  other  ballot  box,  provided  espec- 
ially for  such  ballots.  All  elections  by  the  common  council  shall  be 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


9 


viva  voce.  A plurality  of  votes  shall  elect.  If  two  or  more  persons 
receive  an  equal  number  of  votes  for  the  same  office,  the  election 
shall  be  determined  by  the  casting  of  lots  in  the  presence  of  the  coun- 
cil, at  such  time  and  in  such  manner  as  it  shall  direct. 

Section  11.  All  elections  held  under  the  provisions  hereof,  shall 
be  presided  over  by  the  inspector  of  elections  appointed  under  the 
general  laws  of  this  state,  who  shall  decide  all  questions  which  may 
arise,  as  to  the  legality  of  any  vote  presented,  shall  count  the  ballots 
at  the  close  of  the  polls,  and  shall  certify  and  receive  two  returns,  and 
the  day  following  the  election,  shall  direct  and  return  one  of  said  re- 
turns to  the  city  clerk  of  the  city  of  Berlin,  and  the  other  to  the  coun- 
ty clerk  of  Green  Lake  county.  The  mayor  of  the  city,  and  such 
members  of  the  common  council  as  shall  hold  over,  shall  constitute  a 
board  of  canvassers,  who  snail  within  five  days  after  such  election 
meet  at  the  council  rooms  in  said  city  and  canvass  such  returns,  and 
after  the  aforesaid  returns  have  been  canvassed  by  said  board,  the 
mayor  shall  notify  by  a certificate  the  persons  elected  to  the  respect- 
ive offices.  All  such  elections  shall  be,  except  as  herein  otherwise 
provided,  conducted  and  the  result  canvassed  and  certified,  and  the 
ballots  preserved  as  in  case  of  town  meetings,  and  except  as  modified 
by  this  act,  every  statute  relating  to  holding  town  meetings,  canvass- 
ing and  certifying  the  results  thereof,  and  relating,  or  applicable  to  the 
duties  of  inspectors  and  clerks,  the  challenging  of  votes,  and  to  voting 
thereat,  and  every  statute  prescribing  and  punishing  offenders  for  il- 
legal voting,  bribery,  fraud,  deceit,  corruption,  official  delinquency, 
or  other  offense  at,  or  concerning  elections,  which  is  applicable  to 
town  meetings,  is  hereby  extended  and  applied  to  elections  held  un- 
der this  act. 

Section  12.  Special  elections  shall  be  held  and  conducted,  and 
returns  thereof  made,  in  all  respects  as  herein  provided  for  regular 
elections. 

Section  13  All  that  part  of  section  thirty-three  and  thirty-four, 
in  township  eighteen  north,  of  range  thirteen  east,  which  lies  within 
said  city,  shall  be  known  as  the  second  precinct  of  the  second  ward 
and  at  all  elections,  when  there  are  any  candidates  to  be  voted  for 
other  than  city  and  ward  officers,  there  shall  be  provided  for  such 
precinct,  separate  ballot  boxes,  poll  lists  and  registry  lists;  and  the 
electors  in  such  precinct  shall  vote  only  in  the  ballot  boxes  thus  pro- 
vided. The  polls  of  the  election  in  the  second  precinct  of  the  second 
ward,  shall  be  presided  over  by  the  inspectors  of  election;  and  the 
registry  lists  made,  by  the  board  of  registration  of  the  first  precinct  of 
said  ward,  which  precinct  shall  be  all  of  said  ward  not  included  within 
said  precinct;  such  poll  shall  be  held  at  the  same  place  as  the  poll  of 


10 


STATUTES  RELATING  TO  THE  MUNICIPAL 


said  first  precinct  and  all  the  laws  governing  registration,  or  elections 
made  or  held  at  any  other  poll  in  said  city,  shall  apply  to  the  registra- 
tions made  and  elections  held  for  said  precinct,  except  that  all  re- 
turns for  state,  county,  judicial,  or  congressional  officers,  shall  be  cer- 
tified and  returned  to  the  county  clerk  of  Waushara  county,  and  the 
same,  when  so  returned,  shall  be  canvassed  by  the  board  of  canvassers 
of  Waushara  county,  in  the  same  manner,  and  with  like  effect,  as  the 
returns  from  any  poll  of  election  in  said  Waushara  county. 

Section  14.  Any  person  elected  or  appointed  under  this  act,  who 
shall  neglect,  or  refuse,  to  qualify  for  the  space  of  twenty  days,  after 
being  notified  of  his  election,  or  appointment,  or  haying  qualified, 
shall,  if  a city  officer,  remove  from  the  city,  or  if  a ward  officer,  re- 
move from  the  ward  for  which  he  was  elected,  or  appointed,  shall  be 
deemed  to  have  vacated  his  office,  and  the  common  council  shall  pro- 
ceed to  fill  such  vacancy 

Section  15.  In  event  of  a vacancy  in  any  office  of  said  city,  from 
any  cause,  the  common  council  shall  fill  the  same  by  appointing  some 
person  who  is  qualified  to  such  office.  Any  person  elected  or  ap- 
pointed to  fill  a vacancy  shall  hold  the  office  and  discharge  the  duties 
thereof  for  the  unexpired  term  with  the  same  rights  and  subject  to  the 
same  liability  as  the  person  whose  office  he  may  be  elected  or  ap- 
pointed to  fill.  Any  person  elected  or  appointed  to  till  a vacancy 
shall  enter  at  once  upon  the  duties  of  such  office. 

CHAPTER  III 

OFFICERS— THEIR  POWERS  AND  DUTIES. 

Section  16.  The  mayor,  when  present,  shall  preside  over  the 
meetings  of  the  common  council,  shall  sign  all  ordinances,  rules,  by- 
laws, regulations,  commissions,  licenses,  permits,  deeds,  bonds  or  con- 
tracts adopted,  or  authorized  by  the  common  council.  He  shall 
maintain  peace  and  good  order,  see  that  the  ordinances  are  faithfully 
obeyed  and  that  all  officers  of  the  city  discharge  their  respective  du- 
ties, and  in  case  of  disturbance,  riot  or  other  apparent  necessity,  ap- 
point as  many  special  policemen  as  he  shall  deem  necessary,  who,  for 
the  time  being,  shall  possess  all  the  powers  of  constables.  He  shall 
from  time  to  time,  give  the  common  council  such  information,  and 
recommend  such  measures  as  he  may  deem  proper,  and  shall  per- 
form all  duties  imposed  upon  him  by  this  act,  or  by  ordinances  or 
resolutions  of  the  common  council.  He  shall  vote  in  the  common 
council  only  in  case  of  a tie.  He  shall  have  power  to  veto  any  ordin- 
ance or  resolution  passed  by  the  common  council,  and  also  to  com- 
mand and  direct  the  chief  of  police  and  the  policemen  of  the  city,  at 
all  fires,  riots,  disturbances  of  the  peace,  and  tumultuous  assemblages, 
and  may,  for  disobedience  of  his  orders  or  misconduct  of  any  mem- 
ber of  the  police  force,  verbally  or  in  writing,  suspend  such  member 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


11 


of  the  police  force,  and  stop  his  pay,  until  the  common  council  shall 
take  final  action  upon  such  order  of  suspension,  which  action  shall  be 
taken  on  or  before  the  second  regular  meeting  thereafter. 

Section  17.  The  president  of  the  common  council,  when  present 
shall  preside  at  all  meetings  of  the  common  council.  In  the  absence 
of  the  mayor,  and  in  case  the  mayor  is  absent  from  the  cfiy,  or  is 
unable  to  discharge  the  duties  of  his  office,  or  if  the  office  of  mayor 
shall  become  vacant,  he  shall  discharge  all  the  duties  of  the  office  of 
mayor.  If  botn  the  mayor  and  president  are  absent  from  any  meet- 
ing of  the  council,  the  council  may  elect  a temporary  president,  and 
the  president  and  temporary  president  while  acting  and  performing 
the  duties  of  mayor  shall  be  styled  “acting  mayor.” 

Section.  18.  The  city  clerk  shall  give  a bond  to  the  city  of  Ber- 
lin to  be  approved  by  the  common  council;  he  shall  keep  the  corpor- 
ate seal  and  all  papers  and  records  of  the  city,  and  shall  keep  a record 
of  the  proceedings  of  the  common  council  at  whose  meetings  it  shall 
be  his  duty  to  attend;  he  shall  keep  a detailed  account  of  the  finan- 
cial condition  of  the  city,  in  such  form  as  the  common  council  shall 
prescribe;  he  shall  so  keep  the  books  of  said  city,  that  every  subject 
of  taxation  shall  be  entered  under  its  proper  head  as  state,  connty, 
schools,  bridges,  ana  the  like;  he  shall  make  copies  of  the  assess- 
ments of  the  city  when  required  by  the  common  council  and  shall 
make  and  complete  all  tax  rolls;  he  shall  also  keep  an  accurate  ac- 
count with  the  city  treasurer,  and  charge  him  with  all  taxes  levied 
and  with  all  sums  paid  into  the  treasury;  he  shall  make  and  keep  a 
record  of  all  bonded  indebtedness,  and  of  all  coupons  of  the  city,  to 
whom,  when  and  where  payable;  he  shall  report  as  often  as  the 
common  council  shall  require,  an  estimate  of  the  expenses  of  the  city 
and  of  the  revenues  necessary  to  be  raised  for  the  current  year;  he 
shall  countersign  all  contracts  made  in  behalf  of  the  city,  and  unless 
so  countersigned  they  shall  have  no  validity;  he  shall  countersign  all 
orders  drawn  on  the  city  treasurer  by  order  of  the  common  council, 
and  shall  keep  a correct  record  of  the  same;  he  shall  also  countersign 
all  ordinances,  orders,  resolutions,  licenses  and  permits  passed  or 
granted  by  the  common  council,  and  cause  to  be  published  or  posted, 
every  ordinance,  order  resolution  or  by-law  passed  by  the  common 
council  and  adopted  as  provided  herein;  and  he  shall  cause  proper 
proof  of  such  publication  or  posting  to  be  made  and  filed  in  his  office; 
he  shall,  ex-officio,  be  clerk  of  the  board  of  health,  clerk  of  the  board 
of  review,  and  clerk  of  the  board  of  canvassers;  he  shall  attend  the 
meetings  of  such  boards  and  keep  a correct  record  of  the  proceed- 
ings thereof;  he  shall  file  in  his  office  all  chattle  mortgages  presented 
to  him  for  that  purpose,  and  safely  keep  the  same  therein,  and  shall 


12 


STATUTES  RELATING  TO  THE  MUNICIPAL 


receive  therefor  the  same  compensation  as  clerks  of  towns;  and  all 
the  laws  applicable  to  mortgages  filed  in  the  office  of  town  clerks  are 
extended  and  made  to  apply  to  mortgages  filed  as  aforesaid;  he  may 
make  and  certify  under  the  corporate  seal  copies  of  any  paper  on 
file  in  his  office,  or  transcripts  from  the  records  in  his  office,  and  the 
same  when  so  made  and  certified,  shall  be  evidence  in  all  courts  in 
like  manner  as  if  the  original  were  produced;  he  shall  transmit  to  the 
county  clevk  of  Green  Lake  county,  within  ten  days  after  election 
and  qualification,  a certified  statement  of  the  name  and  term  of  office 
of  the  mayor,  clerk,  aldermen  and  treasurer;  he  shall  also  transmit 
a like  statement  to  the  county  clerk  of  Waushara  county,  and  also 
the  name  and  term  of  office  of  the  person  who  shall  be  appointed  a 
supervisor  of  Waushara  county;  he  shall  make  and  transmit  to  the 
clerk  of  the  circuit  court  of  Green  Lake  county  immediately  after 
their  election  and  qualification,  a like  statement  of  the  time  and  term 
for  which  elected,  of  every  justice  of  the  peace,  constable,  or  chief  of 
police  of  said  city;  he  shall  also  perform  all  other  duties  required  of 
him  by  law,  or  by  any  ordinance  of  said  city;  he  shall  have  power  to 
administer  oaths,  and  take  and  certify  the  acknowledgement  of  deeds 
and  instruments  in  writing;  he  shall  appoint  a deputy  to  be  approved 
by  the  common  council,  for  whose  acts  he  shall  be  responsible  and 
of  whom  he  may  require  a bond.  The  deputy  clerk  shall,  in  the 
absence  of  the  city  clerk,  have  power  to  do  any  act  which  may  be 
done  by  the  city  clerk. 

Section  19.  (As  amended  by  chapter  178.  Laws  of  1889.)  The 
treasurer  shall  collect  and  receive  all  moneys  belonging  to  the  city 
and  keep  an  accurate  and  detailed  account  thereof,  together  with  an- 
account  of  all  disbursements  in  such  manner  as  the  common  council 
shall  direct.  He  shall  report  to  the  common  council  as  often  as  re- 
quired by  the  council,  and  annually  at  least  ten  days  before  the 
regular  election  in  each  year,  a full  and  detailed  account  of  all  re- 
ceipts and  expenditures  from  the  date  of  the  last  preceding  annual 
report,  and  also  the  state  of  the  treasury,  which  statement  shall  be 
filed  with  the  city  clerk.  He  shall  be  collector  of  taxes  as  provided 
by  the  general  laws  of  the  state,  and  all  general  laws  of  the  state  re- 
lating to  treasurers  of  towns  as  collectors  of  taxes  shall  apply  to  him, 
and  he  shall  receive  the  same  compensation,  except  that  on  all  taxes 
collected  on  any  tax  warrant,  prior  to  the  tenth  day  of  January,  af- 
ter the  receipt  of  such  warrant,  he  shall  remit  four-fifths  of  the  five 
per  cent,  collection  fee,  and  on  all  taxes  collected  thereafter  on  such 
wairant,  he  shall  remit  three  fifths  of  the  five  per  cent,  collection  fee, 
and  on  all  moneys  paid  into  the  city  treasury  on  account  of  licenses 
and  permits  granted  by  the  common  council,  he  shall  receive  one 
per  centum,  to  be  by  him  retained  from  the  same. 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


13 


Section  20.  The  city  attorney  shall  conduct  all  law  business  of 
said  city  and  the  departments  thereof,  and  all  actions  or  legal  pro- 
ceedings in  which  said  city  shall  be  a party  or  be  interested,  on  be- 
half of  said  city;  he  shall,  when  requested  by  the  common  council, 
make  and  file  with  the  city  clerk  his  opinion  in  writing  on  any  sub- 
ject submitted  to  him  by  the  mayor  or  councilor  by  any  department  of 
said  city.  It  shall  be  his  duty  tc  draft  all  ordinances,  bonds,  con- 
tracts, leases,  conveyances,  and  such  other  instruments  in  writing  as 
may  be  required  by  the  common  council,  and  to  perform  such  other 
duties  as  may  be  prescribed  by  the  ordinances  of  said  city.  The 
city  attorney  shall  be  paid  an  annual  salary,  the  amount  of  which 
shall  be  fixed  at  the  time  of  his  appointment.  No  one  not  duly  qual- 
ified as  an  attorney  in  courts  of  record  shall  be  city  attorney. 

Section  21.  The  city  surveyor  shall  be  a practical  surveyor  and 
engineer;  he  shall  keep  his  office  in  some  convenient  place  in  said 
city.  The  common  council  shall  prescribe  his  duties  and  fix  his  fees 
and  compensation  for  any  services  performed  by  him.  All  surveys, 
plans,  profiles  and  estimates,  made  by  him  for  the  city,  shall  be  the 
property  of  the  city,  and  shall  be  carefully  preserved  in  the  office  of 
surveyor,  open  for  the  inspection  of  all  persons  who  desire  to  inspect 
the  same;  and  when  required  by  the  common  council,  he  shall 
make  and  tile  with  the  city  clerk,  certified  copies  of  all  plans,  pro- 
files and  estimates  made  by  him;  he  shall  deliver  over  to  his  suc- 
cessor in  office,  at  the  expiration  of  his  term  of  office,  all  books  and 
papers  appertaining  to  said  office. 

Section  22.  The  chief  engineer  of  the  fire  department,  shall,  in 
all  cases,  have  control  of  the  different  fire  companies  of  the  city,  their 
engines,  steamers,  and  fire  apparatus,  and  also  the  direction  and  con- 
trol thereof  when  on  duty,  subject  only  to  the  control  of  the  com- 
mon council;  he  shall  see  that  the  engines,  steamers  and  apparatus 
of  the  fire  department  are  kept  in  perfect  order  and  readiness  for 
immediate  use,  and  cause  all  necessary  rep  lirs  to  be  made,  and  re- 
port the  same  to  the  common  council  for  approval  and  allowance; 
he  shall  use  his  Utmost  endeavors,  in  preventing  and  subduing  fires, 
and  in  controling  the  firemen  thereat;  he  shall  perform  such  other 
or  further  duties  as  are  prescribed  in  the  provisions  of  this  act,  and  as 
shall  be  prescribed  by  the  ordinances  of  said  city;  his  compensation 
shall  be  fixed  by  the  common  council. 

Section  23.  The  superintendent  of  schools  shall  be,  ex  officio, 
president  of  the  board  of  education;  he  shall  have  the  superinten- 
dence of  all  the  public  schools,  school-houses,  book«  and  apparatus; 
he  shall  visit  all  schools  as  often  as  his  duties  shall  require,  and  shall 
give  special  attention  to  the  classific  itionjof  the  pupils  in  the  several 


14 


STATUTES  RELATING  TO  THE  MUNICIPAL 


schools,  and  to  the  apportionment  among  Ithe  classes  of  the  prescribed 
studies;  he  shall  carefully  observe  the  teachings  and  discipline  of  all 
teachers  employed  in  the  public  schools,  and  shall  report  to  the 
board  whenever  he  shall  find  any  teacher  deficient  or  incompetent 
in  the  discharge  of  his  or  her  duties;  he  shall  attend  all  meeti  igs  of 
the  board  of  education  when  required,  and  shall  keep  the  board  con- 
santly  informed  of  the  condition  of  the  public  schools  and  the  changes  re- 
quired in  the  same;  heshall  be  the  executive  officer  of  the  beard  of  edu- 
cation and  shall  see  that  the  resolutions,  regulations  and  rules  of  the 
board  are  faithfully  executed  and  obeyed;  he  shall  perform  all  other 
duties  required  of  him  by  law. 

Section  24.  The  chief  of  police  shall  attend  all  meetings  of  the 
common  council,  and  shall  perform  such  duties  as  shall  be  prescribed 
by  this  act  or  by  any  ordinance  of  the  city  for  the  preservation  of  the 
peace,  for  ihe  health  of  the  people,  and  the  collection  of  fines  and 
jicense  money;  heshall  possess  the  powers  of  constables  at  common 
law.  or  by  the  laws  of  this  state,  and  shall  receive  like  fees  and  be 
subject  to  the  same  liabilities;  it  shall  be  his  duty  to  execute  and  re- 
turn all  writs  and  processes  to  him  directed,  or  to  any  constable  of 
the  county  of  Green  Lake,  and  when  necessary  in  criminal  cases,  or 
for  the  violation  of  any  ordinance  of  said  city  or  law  of  this  state, 
may  serve  and  execute  the  same  in  any  part  of  this  state;  he  shall, 
under  the  direction  of  the  mayor,  be  chief  executive  of  the  police  de- 
partment; heshall  repair  to  all  fires,  riots  and  tumultuous  assem- 
blages, take  charge  of  the  police  present,  and  use  every  exertion  to 
protect  property,  disperse  mobs,  and  cause  to  be  arrested  all  peisons 
engaged  in  disturbing  the  peace;  to  apprehend  any  persons  engaged 
in  the  act  of  committing  any  offense  against  any  ordinance  of  said 
city,  or  law  of  said  state,  and  within  reasonable  time  bring  such  per- 
son before  competent  authority  for  examination,  or  trial;  he  shall 
have  power  to  direct  the  policemen  to  any  place  where  he  shall  deem 
their  services  necessary;  he  shall  promptly  report  to  the  mayor  all 
complaints  against  the  policemen,  and  cause  to  be  obeyed  all  rules 
and  regulations  prescribed  for  the  police  department;  and  be,  or  some 
policeman  appointed  by  him,  shall  be  keeper  of  the  watch-house, 
and  keep  the  keys  thereof. 

Section  25.  It  shall  be  the  duty  of  ali  policemen  appointed  un- 
der the  provisions  of  this  act,  to  faithfully  perform  such  duties  as 
shall  be  prescribed  by  the  ordinances,  laws  and  resolutions  of  the 
common  council  for  the  preservation  of  the  public  peace  and  health 
of  the  city;  they  shall  possess  all  the  powers  of  constables  at  com- 
mon law,  or  by  the  laws  of  this  state;  they  shall  faithfully  obey  all 
ordinances,  prescribing  the  manner  and  extent  of  their  duty,  and  the 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


15 


time  in  which  the  same  is  to  be  performed;  they  shall  obey  all  prop- 
er commands  of  their  superior  officers;  they  shall  act  as  night  or  day 
watchmen  for  the  city,  if  required,  under  such  regulations  as  the 
common  council  shall  describe. 

Section  26.  The  mayor,  each  and  every  alderman,  justice  of 
the  peace,  chief  of  police,  policemen  and  constables,  shall  be  officers 
of  the  peace,  and  shall  suppress  it  in  a summary  manner,  all  riotous 
and  disorderly  behavior,  within  the  limits  of  the  city,  and  for  such 
purpose  may  command  the  assistance  of  all  by  standeis  and  of  all 
citizens. > It  any  person  shall  refuse  to  aid  in  maintaining  the  peace, 
when  so  required,  every  such  person  shall  be  deemed  guilty  of  a mis- 
demeanor, and  shall  pay  a fine  of  fifty  dollars  and  the  costs  of  prose- 
cution, and  in  default  of  payment  thereof,  shall  be  committed  to  the 
county  jail  of  Green  Lake  county,  for  not  to  exceed  sixty  days.  It 
shall  be  lawful  for  the  mayor,  any  alderman,  chief  of  police,  every 
policeman  or  constable  of  the  city,  to  arrest  without  warrant  any 
person  who  shall  be  found  drunk,  disorderly,  riotous  or  doing  any  act 
which  shall  by  this  act  be  made  a misdemeanor,  or  by  warrant,  to 
arrest  any  person  whom  they,  or  any  of  them,  shall  find  committing 
any  violation  of  the  laws  or  any  ordinance  of  the  city,  and  to  take 
such  person  before  a justice  of  the  peace  of  the  city,  as  soon  there- 
after as  an  examination  or  trial  can  be  had  before  such  justice,  of  the 
offense  for  which  such  person  shall  be  arrested. 

Section  27.  The  fire-warden  shall  examine  as  to  the  construction 
of  all  chimneys,  fire-places,  hearths,  stoves,  stove  pipes,  ovens,  smoke- 
stacks, boilers  and  fire  apparatus  used  in  and  about  any  building,  and 
shall  have  power  to  prevent  the  improper  construction  thereof,  and 
may  cause  them  to  be  removed  and  placed  in  a secure  and  safe  con- 
dition; he  shall  prevent  the  depositing  or  keeping  ashes  or  any  other 
combustible  material  in  any  place  except  such  as  is  safe;  and  shall 
perform  such  other  and  further  duties  as  shall  be  prescribed  by  the 
common  council. 

Section  28.  The  justices  of  the  peace  elected  under  the  provisions 
of  this  act,  shall  have  the  same  jurisdiction  and  perform  all  duties  of 
justices  of  the  peace  as  provided  by  the  general  laws  of  this  state,  ex- 
cept that  their  official  bonds  shall  be  approved  by  the  common  coun- 
cil, and  in  addition  thereto  they  shall  have  jurisdiction  in  all  cases 
arising  under  the  ordinances  and  laws  passed  by  said  city,  unless  oth- 
erwise provided. 

Section  29.  The  assessor  shall  assess  all  the  taxable  property  in 
said  city  as  required  by  law,  without  regard  to  wards;  he  shall  make 
two  assessment  rolls,  one  for  that  territory  of  country  herein  known 
and  described  as  the  second  precinct  of  the  second  ward,  and  the  oth- 


16 


STATUTES  RELATING  TO  THE  MUNICIPAL 


er  rule  to  comprise  all  of  said  city  except  said  second  precinct,  and 
shall  return  said  rolls  to  the  common  council  on  the  day  fixed  by  the 
general  laws  of  this  state.  The  assessor  shall  receive  for  his  services 
such  compensation  as  the  common  council  shall  determine. 

Section  30.  The  common  council  shall,  at  the  first  regular  meet- 
ing of  the  new  council  in  each  year,  or  as  soon  thereafter  as  may  be, 
order  the  city  clerk  to  advertise  for  proposals  for  all  the  printing  and 
publication  necessary  to  be  done  by  the  city  for  the  year  then  next 
ensuing,  except  as  otherwise  provided  herein,  and  said  printing  and 
publication  shall  be  let  to  the  lowest  bidder,  who  shall  be  styled  the 
city  printer;  provided,  that  the  same  shall  be  let  to  the  printer  of 
some  newspaper  published  in  said  city.  The  city  printer  or  printers 
immediately  after  the  publication  of  any  notice,  ordinance  or  resolu- 
tion, which  by  this  act  or  any  ordinance  of  said  city  is  required  to  be 
published  shall  make  and  file  with  the  city  clerk  of  said  city  a copy 
of  such  publication,  with  his  or  their  affidavit  or  the  affidavit  of  his  or 
their  foreman,  of  the  length  of  time  che  same  has  been  published, 
and  such  affidavit  shall  be  conclusive  evidence  of  the  publication  of 
such  notice,  ordinance  or  resolution.  In  letting  the  city  printing  the 
common  council  shall  have  the  right  to  reject  any  and  all  bids. 

Section  31.  The  street  commissioner  shall  be  ex-officio  a police- 
man, and  shall  hold  his  office  where  directed  by  the  common  council, 
and  shall  receive  a per  diem  compensation  for  the  days  he  shall  ac- 
tually serve,  to  be  fixed  by  that  body.  He  shall  give  a bond  tc  the 
city  in  such  sum  and  with  such  sureties  as  the  council  shall  require; 
he  shall  attend  the  stated  monthly  meetings  of  the  common  council 
and  shall  present  in  writing  at  each  meeting  a sworn  statement  show- 
ingin  detail  the  amount  and  cost  of  all  materials  used  and  labor  em  - 
ployed by  the  city  during  the  previous  month,  and  of  whom  pur- 
chased, and  where  used,  and  he  shall  make  such  purchases  from  time 
to  time,  as  the  council  shall  direct,  but  not  inconsistent  with  this  act; 
and  at  the  end  of  his  term  of  office,  make  a full  report  thereof,  to  that 
body.  His  powers  and  duties,  except  as  herein  provided  and  defined, 
shall  be  prescribed  by  the  common  council.  He  shall  deliver  over  to 
his  successor  in  office,  at  the  expiration  of  his  term  of  office  all  books, 
records,  papers  and  other  property  pertaining  to  said  office  or  be- 
longing to  the  city,  and  all  records  and  papers  in  his  office  or  per- 
taining thereto  shall  be  open  to  the  inspection  of  any  citizen  of  the 
city,  at  all  reasonable  hours. 

CHAPTER  IV. 

COMMON  COUNCIL — ITS  GENERAL  POWERS  AND  DUTIES. 

{Section  32.  The  mayor  and  aldermen  shall  constitute  the  common 
council.  The  style  of  all  ordinances  shall  be  “the  mayor  and  com- 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


1? 


mon  council  of  the  city  of  Berlin  do  ordain,”  etc.  A majority  of  the 
aldermen  shall  constitute  a quorum,  but  a less  number  may  adjourn 
from  time  to  time  and  compel  the  attendance  of  absent  members. 
Regular  meetings  of  the  council  shall  be  held  on  the  second  Tuesday 
in  April  of  each  year,  at  the  council  rooms  in  said  city,  and  at  such 
ot  her  times  and  places  as  the  council  by  resolution  shall  appoint.  The 
mayor,  or  a majority  of  the  common  council,  may  call  special  meet- 
ings of  said  council  by  filing  a written  notice  of  the  same  with  the 
city  c’erk,  who  shall  thereupon  seasonably  notify  the  aldermen  of  the 
time  and  place  thereof,  as  directed  by  the  by-laws  adopted  by  said 
council.  All  meetings  shall  be  open  to  the  public.  The  common 
council  shall  keep  a record  of  its  proceedings,  determine  its  own  rules 
of  procedure,  shall  have  power  to  preserve  order  at  its  meetings,  be 
the  judge  of  the  election  ar.d  qualification  of  its  members,  shall 
have  power  to  compel  the  attendance  of  absent  members  and  to  pun- 
ish for  non-attendance. 

Section  33  Every  member  of  the  common  council,  who  shall  di- 
rectly or  indirectly  vote  to  himself,  or  knowingly  to  any  other  person, 
any  sum  of  money  for  any  purpose  whatever  in  violation  of  this  act 
or  any  amendment  hereto,  or  shall  ask  or  receive  any  compensation 
for  doing  any  official  act,  except  as  inspector  of  elections,  member  of 
the  board  of  registry,  member  of  the  board  of  equalization,  or  mem- 
ber of  the  county  board  of  supervisors;  and  every  member  of  the 
common  council,  or  other  elective  officer  of  said  city,  who  shall  be  di- 
rectly or  indirectly  interested  in  any  contract  made  with  or  in  behalf 
of  the  city,  and  every  member  of  the  council,  or  other  city  officer 
who  shall,  dirfctl}  or  indirectly,  purchase  or  be  interested  in  the  pur- 
chase of  any  city  order  or  city  indebtedness  for  less  than  the  full 
amount  thereof,  shall  be  guilty  of  a misdemeanor  and  shall  be  pun- 
ished by  a fine  not  exceeding  one  hundred  dollars,  nor  less  than  twen- 
ty dollars,  or  by  imprisonment  in  the  county  jail  not  more  than  sixty 
days,  nor  less  than  ten  days,  or  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court. 

Section.  34.  At  the  first  meeting  of  the  common  council,  or  as 
soon  thereafter  as  may  be,  the  following  officers  shall  be  appointed  by 
the  common  council,  to  wit:  a president  of  the  council,  a city  attor- 
ney, a city  surveyor,  a chief  engineer,  a chief  of  police  and  police- 
men, a fire-warden,  and  such  other  officers  as  the  interest  and  welfaie 
of  the  city  may  require. 

Section  35.  Every  contract,  conveyance,  commission,  license  or 
other  written  instrument,  shall  be  executed  on  the  part  of  the  city  by 
the  mayor  and  city  clerk,  sealed  with  the  corporate  seal,  and  in  pur- 
suance of  authority  therefore  from  the  common  council. 

Section  36.  The  common  council  shall  have  the  control  and  man- 


18 


STATUTES  RELATING  TO  THE  MUNICIPAL 


agement  of  all  the  finances,  and  of  all  the  other  property  of  the  city, 
and  shall  likewise,  in  addition  to  the  powers  herein  vested  in  said 
council,  have  full  power  and  authority  to  make,  enact,  ordain,  estab- 
lish, publish,  enforce,  alter,  modify,  amend  and  repeal  all  such  ordi- 
nances, rules  and  by-laws  for  the  government  and  good  order  of  the 
city,  for  the  suppression  of  vice  and  for  the  prevention  of  crime,  and 
for  the  benefit  of  trade,  commerce  and  health  thereof,  as  they  shall 
deem  expedient;  declaring  and  imposing  penalties,  and  to  enforce 
the  same  against  any  person  or  persons  who  may  violate  any  of  the 
provisions  of  such  ordinances,  laws,  rules  or  by-laws,  and  such  ordi- 
annces,  rules  and  by-laws  are  hereby  declared  to  be  and  have  the 
force  of  law;  provided,  they  be  not  repugnant  to  the  constitution  or 
laws'  of  the  United  States  or  the  state  of  Wisconsin;  and  for  such  pur- 
poses shall  have  authority,  by  ordinances,  resolutions,  by-laws  or  vote: 

1.  To  regulate  the  mode  of  and  establish  rules  for  their  proceed- 
ings. 

2.  To  adopt  a corporate  seal  and  alter  the  same  at  pleasure. 

3.  To  manage,  regulate  and  control  the  finances  of  said  city,  and 
to  receive,  purchase,  regulate,  preserve,  sell  and  convey  the  property, 
real  and  personal,  belonging  to  said  city. 

4.  To  limit  and  define  the  duties  and  powers  of  officers  and  agents 
of  the  city,  fix  their  ompensation  and  fill  vacancies,  when  no  other 
provision  is  made  by  law,  to  require  all  officers  and  agents  of  the  city 
to  take  and  file  an  oath  of  office,  and  execute  a bond  to  the  city,  con- 
ditioned for  the  faithful  discharge  of  their  duties  and  the  proper  ap- 
plication and  payment  of  all  moneys  that  may  come  into  their  hands 
by  virtue  of  such  office  or  employment,  and  to  fix  the  penalty  of  such 
bonds,  and  to  call  special  elections,  and  to  appoint  inspectors  and 
clerks  of  elections. 

5.  To  adopt  all  legal  and  requisite  measures  for  collecting  licenses, 
taxes  and  assessments. 

6.  To  license,  prohibit,  regulate,  tax  and  suppress  the  exhibitions 
of  common  showmen  or  shows  of  any  kind,  or  exhibitions  of  caravans, 
circuses,  theatrical  performances,  musical  entertainments,  billiard 
tables,  bowling  saloons,  ten-pin  alleys,  or  nine-pin  alleys;  to  fix  the 
amount  to  be  paid  for  such  licenses  and  prescribe  tne  time  when  the 
same  shall  expire. 

7.  To  grant  licenses  for  the  sale  of  strong,  spirituous,  or  fermented 
liquors,  ale  or  beer  and  to  revoke  the  same,  under  and  upon  such 
terms  and  conditions  as  is  now,  or  shall  hereafter  be  required  by  the 
general  laws  of  the  state  of  Wisconsin,  and  to  regulate  and  control 
the  places  wherein  such  liquors,  wine,  beer  or  ale  shall  be  sold. 

8.  To  restrain  or  prohibit  all  descriptions  of  gaming  and  fraudu- 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


19 


lent  deyice  and  practice  and  all  playing  of  games  of  cards,  dice  or 
other  games  of  chance  in  said  city,  and  to  authorize  the  destruction 
of  all  instruments  and  devices  used  for  the  purpose  of  gaming. 

9.  To  prevent  any  riots,  noise,  disturbance,  or  disorderly  assem- 
blages, to  suppress  and  restrain  disorderly  houses  and  saloons  and 
groceries  and  houses  of  ill-fame. 

10.  To  compel  the  owner  or  occupant  of  any  grocery,  cellar,  tal- 
low-chandler’s shop,  soap  factory,  tannery,  stable,  barn,  privy  sewer 
or  other  unwholesome  or  nauseous  house  or  place,  to  cleanse,  remove 
or  abate  the  same,  from  time  to  time,  as  often  as  it  may  be  deemed 
necessary  for  the  health,  comfort  and  convenience  of  the  inhabitants 
of  said  city,  and  to  compel  the  abatement  ot  all  nuisances  under  the 
common  law. 

11.  To  direct  the  location  and  management  of,  and  regulate  brew- 
eries, tanneries  and  packing  houses,  and  to  direct  the  location,  man- 
agement and  construction  of,  and  regulate,  license,  restrain,  abate,  or 
prohibit,  within  the  city,  distileries,  slaughtering  establishments,  es- 
tablishments for  steaming  or  rendering  lard,  tallow;  offal,  and  such 
other  substances  as  can,  or  may  be  rendered,  and  all  establishments 
or  places  where  any  nauseous,  offensive  or  unwholesome  business 
may  be  carried  on. 

12.  To  establish  and  regulate  public  markets,  deteimine  their  loca- 
tion and  make  rules  and  regulations  for  the  government  of  the  same, 
and  to  appoint  snitable  officers  for  overseeing  and  regulating  such 
markets,  and  to  restrain  all  persons  from  interrupting  or  interfering 
with  the  due  observance  of  such  rules  and  regulations. 

13.  To  regulate  butchers,  and  to  regulate  and  restrain  the  sale  of 
game,  poultiy,  fresh  meat,  vegtables,  fish,  butter,  fruits,  eggs;  and 
other  provisions  in  the  city;  to  restrain  and  punish  the  forestalling  of 
poultry,  fruit  and  eggs;  and  to  cause  the  seizure  and  destruction  or 
other  disposition  of  tainted  or  other  unwholesome  meat,  butter,  veg. 
tables,  fruit  or  provisions. 

14.  To  direct  the  location  or  management  of  houses  for  the  storing 
of  gunpowder  or  other  combustibles  within  the  city. 

15.  To  regulate  and  restrain  the  keeping  and  conveying  of  gun- 
powder, and  other  combustible  and  othei  dangerous  materials  in  said 
city. 

16.  To  prevent  the  shooting  and  firing  of  any  fire-arms  or  crackers, 
or  of  any  fire-works  at  any  time,  or  in  any  situation  which  may  be 
considered  by  the  common  council  dangerous  to  the  city,  or  to  any 
property  therein,  or  annoying  any  citizen  thereof. 

17.  To  prevent  the  incumbering  cf  streets,  sidewalks,  lanes,  alleys, 
public  grounds,  wharves,  and  docks  with  carrioges,  carts,  wagons, 


20 


STATUTES  RELATING  TO  THE  MUNICIPAL 


sleighs,  sleds,  wheel  barrows,  boxes,  lumber,  fire-wood,  timber,  posts, 
signs,  awnings,  or  any  other  substance  or  material  or  in  any  manner 
whatsoever. 

18.  To  prevent  horserracing,  or  immoderate  riding  or  driving,  in 
the  streets  or  upon  any  bridge  in  said  city,  and  to  authorize  any  per- 
son to  stop  persons  immoderately  riding  or  driving  as  aforesaid;  to 
prohibit  and  punish  the  abuse  of  animals  and  to  compel  persons  to 
fasten  their  horses,  oxen  or  other  animals  attached  to  vehicles  or  oth- 
erwise while  standing  or  remaining  in  any  street,  alley  or  public 
ground. 

19.  To  regulate  and  determine  the  times  and  places  of  bathing  or 
swimming  in  the  river  or  other  waters  in  and  adjoining  said  city,  and 
to  prevent  obscene  or  indecent  exhibition,  exposure  or  conduct. 

20.  To  restrain  and  punish  vagrants,  mendicants,  street  beggars, 
prostitutes,  and  to  restra  n drunkards,  immoderate  drinking  or  ob- 
scenity in  the  streets  or  public  places,  and  to  provide  for  arresting, 
removing  and  punishing  any  one  guilty  of  the  same, 

21.  To  restrain,  regulate  or  prohibit  the  running  at  large  of  cattle, 
horses,  mules,  swine,  sheep,  goats,  poultry  and  geese,  and  to  author- 
ize the  restraining,  impounding  and  sale  of  the  same,  for  the  penalty 
incurred,  and  the  costs  of  proceedings,  and  also  to  impose  penalties 
upon  the  owners  of  any  such  animals,  poultry  and  geese  for  a viola- 
tion of  any  ordinance  in  relation  thereto. 

22.  To  prevent  the  running  at  large  of  cats  and  dogs  in  said  city, 
and  to  authorize  the  destruction  of  the  same  in  a summary  manner 
when  at  large  contrary  to  any  ordinance. 

23.  To  provide  for  licensing  the  keeping  of  dogs  in  said  city,  at  a 
sum  or  rate  not  less  than  one  dollar,  nor  more  than  three  dollars  a 
year  for  each  dog,  and  to  provide  for  a badge  or  token  to  be  carried 
by  each  licensed  dog,  and  for  the  killing  and  destruction  in  a sum- 
mary manner  of  all  dogs  not  licensed,  wherever  they  may  be  found 
in  the  city,  and  of  licensed  dogs  at  large  in  the  streets,  alleys  or  public 
grounds,  in  said  city,  and  to  punish  persons  for  keeping  unlicensed 
dogs. 

24.  To  license,  regulate  and  suppress  hackmen,  draymen,  cart- 
men,  porters,  omnibus  drivers,  cabmen,  carmen,  and  all  others, 
whether  in  the  permanent  employment  of  any  corporation  or  other- 
wise, who  may  pursue  such  or  said  occupation  with  or  without  ve- 
hicles, and  to  prescribe  his  compensation. 

25.  To  prevent  and  regulate  the  rolling  of  hoops,  flying  of  kites, 
playing  of  ball,  riding  of  bicycle  or  velocipedes,  or  other  amusements 
or  practices  having  a tendency  to  annoy  persons  passing  in  the  streets 
or  on  the  sidewalks,  or  to  frighten  teams  or  horses. 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


21 


26.  To  make  regulations  to  prevent  the  introduction  of  contagious 
or  infectious  diseases  into  the  city,  or  their  spread  therein. 

27.  To  abate  all  nuisances  that  are  or  may  be  injurious  to  the 
public  health,  in  any  manner  they  may  deem  expedient,  and  to  do  all 
acts  and  make  all  regulations  which  may  be  necessary,  or  may  be 
deemed  expedient  for  the  preservation  ol  health  and  the  suppression 
of  disease. 

28.  To  regulate  the  burial  of  the  dead,  and  the  registration  of 
births  and  deaths,  to  provide  hospitals  and  cemetery  grounds,  and  to 
care  for,  maintain  and  make  rules  and  regulations  in  relation  to  the 
same;  to  direct  the  returning  and  keeping  of  bills  of  mortality,  and 
to  impose  penalties  on  physicians,  sextons,  and  others  for  any  default 
in  the  premises,  or  for  a violation  of  any  rule  or  regulation  adopted 
by  the  counc  1 aforesaid. 

29.  To  abate  and  remove  all  nuisances  under  the  ordinances,  or  at 
the  common  iaw,  and  punish  the  authors  thereof,  by  penalties,  fines 
or  imprisonment,  and  to  define  and  declare  what  shall  be  deemed 
nuisances,  and  shall  authorize  the  summary  abatement  thereof,  but 
nothing  in  this  act  shall  be  construed  to  oust  any  court  of  its  jurisdic- 
tion, to  abate  or  remove  nuisances  in  the  streets,  or  any  part  of  said 
city  by  individuals  or  otherwise. 

30.  To  prevent  any  person  from  bringing,  having  or  depositing 
within  the  limits  of  said  city,  any  putrid  carcass,  or  any  other  un- 
wholesome substances,  and  to  require  the  removal  or  destruction  of 
the  same,  by  any  person  who  shall  have  upon  or  near  his  premises 
any  putrid  or  un  sound  beef,  pork,  fish,  hides,  or  skins  of  any  kind 
and  on  his  default  to  remove  or  cause  the  destruction  thereof  by  some 
officer  or  officers  of  the  city  at  the  expense  of  such  person  or  persons. 

31.  To  erect  and  establish  one  or  more  pest  houses,  hospitals  and 
dispensaries,  and  control  and  regulate  the  same. 

32.  To  prevent  the  ringing  of  bells,  blowing  of  horns  and  bugles, 
crying  of  goods,  and  all  other  noises  tending  to  the  collection  of  per- 
sons by  autioneers  or  others  for  the  purpose  of  business,  amusement 
or  otherwise. 

33.  To  compel  the  owners  or  occupants  of  buildings  or  grounds  to 
remove  and  keep  snow,  ice,  dirt  or  rubbish  from  the  sidewalk  or  alley 
opposde  thereto,  and  to  compel  such  o ners  or  occupants  to  remove 
from  the  lots  owned  or  occupied  by  them  all  such  substances  that  the 
board  of  health  shall  direct,  and  on  their  default,  to  authorize  the  re< 
moval  or  destruction  thereof  by  some  officer  of  the  city  at  the  ex- 
pense of  such  owners  or  occupants. 

34.  To  control,  regulate,  repair,  and  clean  the  streets,  alleys, 
bridges,  public  grounds  and  side  and  crosswalks,  and  open,  widen, 


22 


STATUTES  RELATING  TO  THE  MUNICIPAL 


straighten  and  vacate  streets  and  alleys  and  establish  and  alter  the 
grade  thereof,  and  prevent  the  incumbering  of  the  streets  and  alleys 
in  any  manner  and  protect  the  same  from  any  encroachment  or  in- 
jury, and  remove  and  abate  any  obstructions  and  encroachments 
therein,  and  to  regulate  the  manner  of  using  streets  and  pavements 
in  said  city,  . nd  protect  the  same  from  injury  from  vehicles  used 
thereon. 

35.  To  prevent  all  persons  from  riding  or  driving  any  cattle,  horse, 
mule,  or  any  other  animals  on  the  sidewalks  in  said  city,  and  pro- 
tect the  same  from  injury  or  damage. 

36.  To  make,  establish  and  regulate  public  pounds,  pumps,  wells* 
cisterns  and  reservoirs,  and  to  provide  for  the  erection  i nd  mainten- 
ance of  water  works  for  the  supply  of  water  lo  the  inhabitants,  and  to 
prevent  the  unnecessary  waste  of  water. 

37.  To  erect  lamps  and  regulate  the  lighting  thereof,  and  to  pro- 
vide for  lighting  the  streets  and  public  grounds  and  public  buildings 
with  gas  or  otherwise. 

38.  To  regulate  the  sale  of  bread  within  said  city,  and  to  prescribe 
the  size  and  weight  of  bread  in  the  loaf  and  the  quality  of  the  same, 
and  to  provide  for  the  seizure  and  forfeiture  of  bread  baked  contrary 
to  such  regulations  and  prescriptions. 

39.  To  require  every  merchant,  retailer,  trader  and  dealer  in  mer- 
chandise, or  property  of  any  description  that  is  sold  by  weight  or 
measure  to  cause  his  weights  or  measures  to  be  sealed  by  the  city 
sealer,  and  to  be  subject  to  his  inspection,  and  provide  for  the  punish- 
ment of  persons  using  false  weights  and  measures;  the  standard  of 
such  weights  and  measures  shall  be  conformable  to  those  established 
by  law  in  this  state. 

40.  To  regulate  the  weight  and  sale  of  hay  and  places  and  man- 
ner thereof;  to  regulate  the  cutting  and  sale  of  ice,  and  to  restrain 
the  sale  of  ice  that  is  impure,  also  to  regulate  the  measuring  and  sale 
of  wood,  and  the  weighing  and  selling  of  coal  and  lime,  and  the 
places  and  manner  thereof;  to  appoint  suitable  persons  to  superin-> 
tend  and  conduct  the  same,  fix  their  compensation  and  define  their 
duties. 

41.  To  regulate  the  times  and  places  of  holding  public  auctions 
and  vendues. 

42.  To  provide  for  the  inspection  and  regulation  of  stationary 
steam  engines  and  boilers;  to  appoint  inspectors  of  the  same,  and  a 
sealer  of  weights  and  measures,  aud  define  their  duties  and  fix  their 
compensation. 

43.  To  establish  and  regulate  public  grounds,  parks  and  be  ulevards, 
and  to  purchase  grounds  for  the  same. 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


23 


44.  To  appoint  watchmen,  policemen,  and  a fire  warden,  and  reg- 
ulate the  same  and  prescribe  theii  duties. 

45.  To  compel  the  owners  or  occupants  of  houses,  stores  or  other 
buildings  within  said  city,  to  number  the  same  in  a manner  the  com- 
mon council  may  from  time  to  time  prescribe. 

46.  To  declare  noxious  plants  and  weeds  growing  on  lots,  or  parts 
of  lots,  or  on  lands  in  said  city,  a public  nuisance,  and  proceed  to 
abate  the  same  as  the  said  city  is  authorized  by  law  to  abate  other 
nuisances. 

47.  To  impose  fines  for  all  violations  within  said  cityr  of  the  general 
laws  of  the  state  when,  in  the  judgment  of  the  common  council,  it  is 
necessary  for  the  peace  and  good  order,  or  for  the  health  of  said  city. 

48.  To  direct  and  regulate  the  planting  of  ornamental  trees  and 
the  erection  of  monuments  in  the  streets,  alleys,  and  public  grounds 
of  said  city. 

49.  To  prevent  any  use  of  the  waters  of  Fox  river  within  the  limits 
of  the  city,  or  any  act  in  relation  thereto,  inconsistent  or  detrimental 
to  the  public  health,  or  calculated  to  render  the  water  of  the  same,  or 
any  part  thereof,  impure  or  offensive,  or  tending  in  any  degree  to  fill 
up  or  obstruct  the  same;  to  prevent  the  casting  or  depositing  therein 
of  any  earth,  dead  animals,  ashes  or  other  substance  or  filth,  or  float- 
ing matter;  and  punish  any  person  or  persons  who  shall  cast  or  de- 
posit the  same  therein;  to  prevent  or  remove  all  obstructions  therein, 
and  punish  the  authors  thereof 

50.  To  regulate  and  control  the  construction  of  piers  and  wharves 
on  Fox  river  within  the  limits  of  said  city,  and  to  prescribe  and  con- 
trol the  prices  to  be  charged  for  pierage  and  wharfage  thereon,  and  to 
regulate,  prescribe  and  control  the  prices  to  be  charged  for  dockage 
and  storage  within  said  city. 

51.  To  authorize  the  taking  up  and  to  provide  for  the  safe  keeping 
and  education,  for  such  periods  of  time  as  maybe  deemed  expedient, 
of  all  children  that  are  destitute  of  parental  care  and  growing  up  in 
mendicancy,  ignorance,  idleness  and  yice. 

52.  To  authorize  the  arrest,  fine  and  imprisonment  as  vagrants,  of 
all  persons,  who  not  having  visible  means  to  sustain  themselves,  are 
without  employment,  idly  loitering  or  rambling  about,  or  staying  in 
groceries,  drinking  saloons,  houses  of  ill  fame,  houses  of  bad  repute, 
gambling  houses,  railroad  depots  or  fire-engine  houses,  or  who  shall 
be  found  to  be  trespassing  in  the  night  time  on  the  private  premises 
of  another,  or  begging  or  placing  themselves  in  the  street  or  other 
thoroughfares  or  public  places  to  beg  or  receive  alms;  also  keepers, 
exhibitors  or  visitors  of  any  gaming  tables,  gambling  houses,  houses 
of  fortune  telling,  places  of  cock  fighting,  or  other  places  of  devise 


24 


STATUTES  RELATING  TO  THE  MUNICIPAL 


and  all  persons  who  go  about  for  the  purpose  of  gaming,  or  watch 
stuffing,  or  who  shall  have  in  their  possession  any  article  or  thing 
used  for  obtaining  money  under  false  pretences,  or  who  shall  disturb 
any  place  where  public  or  private  schools  are  held  either  on  week 
day  or  on  Sabbath  day  or  places  where  religious  worship  is  held. 

53.  To  regulate  or  prohibit  the  carrying  or  wearing  by  any  person 
under  his  clothes,  or  concealed  about  his  person,  of  any  pistol,  sling 
shot,  knuckles  of  lead,  brass  or  other  metal,  or  bowie  knife,  dirk- 
knife,  dagger  or  other  dangerous  or  deadly  weapon;  and  to  provide 
for  the  confiscation  and  sale  of  such  weapon. 

54.  To  control  and  regulate  the  construction  of  buildings,  chim- 
neys and  stacks;  and  to  prevent  or  prohibit  the  erection  or  mainten- 
ance of  any  insecure  or  unsafe  building,  stack,  wall  or  chimney  in 
said  city,  and  prescribe  penalties  for  the  violation  of  such  rules  and 
regulations  as  they  may  adopt  in  relation  to  the  same,  and  to  declare 
them  to  be  a nuisance  and  to  provide  for  their  summary  abatement 
where  by  reason  of  fire  or  any  other  cause,  the  same  may  become 
dangerous  to  life  or  health. 

55.  To  grant  by  ordinance  all  rights  of  way  through  any  street  to 
any  person,  persons  or  corporation  proposing  to  build  thereon  street 
railroads,  cars  thereon  to  be  propelled  by  horse-power,  and  to  grant 
them  lights  and  privileges  under  such  limitations  as  they  may  direct. 

56.  To  direct  the  digging  down  or  filling  up  of  lots  whenever  the 
same  may  be  deemed  necessary  to  prevent  injury  to  the  streets,  side 
or  cross-walks  at  the  expense  of  the  owners  thereof,  and  to  prevent, 
prohibit  and  cause  the  removal  of  all  obstructions  and  incumbrances 
in  and  upon  all  wharves,  streets,  lanes,  alleys,  sewers,  gutters, ditches, 
streams  and  public  grounds  of  said  city. 

57.  To  erect  and  establish  a watch-house  for  the  confinement  of 
all  persons  who  may  or  shall  be  arrested  for  violating  any  ordinance 
of  said  city,  and  to  purchase  or  lease  all  necessary  grounds  therefor 
and  pass  all  sucn  ordinances  for  the  regulation  thereof  as  may  be 
necessary. 

58.  To  regulate,  control  and  prohibit  the  location,  laying,  use  and 
management  of  telegraph,  telephone  and  electric  light  power  wires 
and  poles. 

59.  To  establish  and  regulate  boards  of  health. 

60.  To  prescribe  penalties  for  the  violation  of  any  ordinance  or 
by-law,  to  be  not  less  than  one  dollar  nor  more  than  one  hundred  dol- 
lars in  any  case  besides  the  cost  of  suit  in  all  cases,  and  in  default  of 
payment  to  provide  for  committing  the  person  convicted  to  the  watch- 
house  or  place  of  confinement  in  said  city,  or  to  the  county  jail  of 
Green  Lake  county,  until  payment  of  such  fine  and  costs  be  made, 


GOVERNMENT  OE  THE  CITY  OE  BERLIN. 


25 


but  not  to  exceed  ninety  days  in  all,  or  to  provide  that  in  default  of 
payment  of  such  fine  and  costs  that  such  person  or  persons  shall 
work  out  the  same  upon  the  public  streets  of  said  city  or  otherwise  as 
the  common  council  shall  direct. 

Section  36.  Every  ordinance  or  resolution  of  the  common  coun- 
cil, excepting  those  prescribing  rules  for  their  government  (and  the 
appointment  of  officers),  shall  before  it  takes  effect  be  presented  to 
the  mayor.  If  he  approves  of  it  he  shall  sign  it,  in  which  case  it  shall 
take  effect  immedi  itely  thereafter,  unless  otherwise  provided  for,  in 
the  resolution  or  ordinance.  If  he  does  not  approve  it,  he  shall  re- 
turn it  with  his  objections  to  the  city  clerk  within  five  days  after  he 
shall  have  received  it.  The  common  council  may  then  proceed  to 
reconsider  tne  same,  and  if  two-thirds  of  all  the  aldermen  shall  agree 
to  pass  the  same  it  shall  take  effect  as  a law.  In  every  such  case  the 
votes  shall  be  taken  by  ayes  and  nayes,  to  be  entered  upon  the  records. 
If  such  ordinance  or  resolution  shall  not  be  returned  within  five  days 
after  receiving  the  same  it  shall  take  effect  in  like  manner  as  if  he 
shall  have  signed  it.  Before  any  such  ordinance  or  resolution  shall 
be  in  force,  it  shall  be  published  in  the  official  paper  of  said  city,  and 
together  with  the  affidavit  of  publication  shall  be  recorded  by  the 
city  clerk  in  books  provided  for  that  purpose. 

Section  37.  The  powers  conferred  on  said  council  providing  for 
the  abatement  and  removal  of  nuisances  shall  not  bar  or  hinder  suits 
or  prosecutions  in  the  courts  according  to  law.  Depots,  houses  or 
buildings  of  any  Kind  wherein  more  than  ton  pounds  of  gunpowder  is 
deposited,  stored,  or  kept  at  any  one  time,  gambling  houses,  houses 
of  ill-fame,  disorderly  taverns  or  houses  and  places  where  spirituous 
vinous  or  fermented  liquors  are  sold  where  a license  is  not  required 
or  granted  therefor,  within  the  limits  of  said  city,  shall  be  deemed 
and  declared  a public  nuisance. 

Section  38.  The  common  council  shall  examine,  audit  and  ad- 
just the  accounts  of  the  city  officers  or  agents  at  such  times  as  they 
shall  deem  proper,  and  also  at  the  end  of  each  year,  and  before  the  time 
for  which  the  officers  who  are  elected  or  appointed  shall  have  expired , 
and  the  common  council  shall  require  each  and  every  such  officer 
or  agent  to  exhibit  his  books,  accounts  and  moneys,  and  vouchers, 
for  such  examination  and  settlement.  And  if  any  such  officer  or 
agent  shall  refuse  to  comply  with  the  order  of  said  council  in  dis- 
charge of  said  duties,  or  shall  neglect  or  refuse  to  render  his  accounts 
or  exhibit  his  books,  funds,  moneys  or  vouchers  to  said  council,  it 
shall  be  the  duty  of  the  common  council  to  declare  the  office  of  such 
person  vacant.  And  the  common  council  shall  order  suits  and  pro- 
ceedings at  law  against  any  officer  or  agent  of  the  city,  who  may  be 


26 


STATUTES  RELATING  TO  THE  MUNICIPAL 


found  delinquent  or  faulty  in  his  accounts  or  in  the  discharge  of  his 
official  duties,  and  the  common  council  shall  cause  to  be  made  a full 
statement  of  all  such  settlements  and  adjustments. 

Section  39.  All  accounts  or  demands  against  the  city,  except 
salaries  or  amounts  previously  fixed  by  law,  or  by  resolution  of  the 
common  council,  before  the  same  shall  be  allowed,  shall  be  veiified 
by  affidavit,  and  any  person  who  shall  falsely  swear  to  any  such  ac- 
count or  such  demand  shall  be  deemed  guilty  of  perjury. 

Section  40.  No  money  shall  be  appropriated  or  drawn  out  of 
the  city  treasury  except  in  payment  of  accounts  or  demands  allowed 
by  the  common  council,  and  except  as  otherwise  provided  herein, 
and  no  interest  shall  be  p lid  on  any  city  order  or  certificate  whateyer; 
provided  however,  that  when  the  city  being  duly  authorized  thereto, 
shall  borrow  money,  certificates  of  appropriation  or  bonds  therefor 
may  be  issued,  payable  at  such  time  or  times  as  the  council  may 
determine,  and  such  certificates  may  be  drawn  to  bear  interest  at  a 
rate  not  exceeding  seven  per  centum  per  annum,  and  when  so  drawn 
and  signed  by  the  mayor  and  clerk,  interest  shall  be  paid  thereon  as 
therein  expressed. 

Section  41  No  action  shall  be  maintained  by  any  person  against 
said  city  upon  any  claim  or  demand,  whether  the  same  shall  arise 
out  of  tort  or  contract,  until  such  person  shall  first  have  presented  his 
claim  or  demand  to  the  common  council  for  allowance,  except  city 
orders  duly  issued  by  the  common  council  after  payment  thereof  has 
been  duly  demanded. 

Section  42  The  determination  of  the  common  council,  dis- 
allowing in  whole  or  in  part  any  claim  of  any  person,  whether  such 
claim  arises  from  tort  or  contract,  shall  be  final  and  conclusive,  and  a 
perpetual  bar  to  any  action  in  any  court  founded  upon  such  claim, 
except  that  such  person  may  appeal  to  the  circuit  court  of  Green 
Lake  county  as  hereinafter  provided. 

Section  43.  In  case  any  person  shall  present  his  claim  or  de 
mand  to  the  common  council,  and  the  said  claim  shall  be  disallowed 
in  whole  or  in  part  by  such  council,  such  claim  shall  not  thereafter 
be  entered  or  considered  by  the  common  council,  but  the  claimant 
may  prosecute  his  said  claim  by  appeal  to  the  circuit  court  and  not 
otherwise. 

Section  44.  (As  amended  by  chapter  178,  Laws  of  1889.)  When 
any  claim  against  the  city  shall  be  disallowed  in  whole,  or  in  part, 
such  person  may  appeal  from  the  decision  of  the  common  council 
disallowing  said  cl-im,  to  the  circuit  court  of  Green  Like  county,  by 
causing  written  notice  of  such  appeal  to  be  served  on  the  city  clerk 
within  twenty  days  after  the  making  of  the  decision  disallowing  such 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


27 


claim,  and  by  executing  a bond  of  the  city  in  the  sum  of  one  hundred 
and  fifty  dollars,  with  two  sureties,  to  be  approved  by  the  city  clerk, 
conditioned  for  the  faithful  prosecution  of  such  appeal  and  the  pay- 
ment of  all  costs  which  shall  be  adjudged  against  the  appellant.  The 
clerk  in  case  such  appeal  is  taken  shall  make  a brief  statement  of  the 
proceedings  had  in  the  case  before  the  common  council,  with  its  de- 
cision thereon,  and  shall  transmit  the  same,  together  with  all  the 
papers  in  the  case  to  the  clerk  of  the  said  circuit  court,  and  there- 
upon the  said  circuit  court  shall  have  full  jurisdiction  in  said  matter 
as  though  the  same  had  been  originally  brought  therein.  Provided, 
however,  that  if  the  appellant  shall  not  succeed  on  such  appeal,  or 
shall  not  recover  a larger  sum  on  such  appeal  than  was  allowed  by 
the  common  council  upon  such  claim  exclusive  of  interest  on  such 
allowance,  then  the  appellant  shall  pay  the  costs  of  such  appeal, 
which  shall  be  deducted  from  the  amount  (if  any)  of  the  recovery, 
and  when  the  costs  exceed  the  recovery  judgment  shall  be  rendered 
against  the  appellant  for  the  excess.  If  the  appellant  fails  in  such 
appeal  he  shall  pay  the  costs  of  the  city. 

Section  45.  Upon  such  appeal  being  taken,  the  clerk  shall  forth- 
with give  notice  thereof  to  the  mayor  and  city  attorney,  and  shall 
also  report  the  same  to  the  common  council  at  its  first  meeting  there- 
after. 

Section  46.  The  common  council  is  authorized  to  compel  the 
attendance  of  witnesses  to  testify  upon  any  matter  pending  or  under 
consideration  by  the  council;  and  any  witness  who  shall  testify  false- 
ly before  such  council  shall  be  deemed  guilty  of  perjury,  and  shall 
be  punished  in  the  manner  provided  by  law  for  that  offense.  The 
subpoena  to  compel  attendance  of  witnesses  shall  be  signed  by  the 
mayor,  and  may  be  served  by  any  person  authorized  to  serve  process 
from  justice  courts.  Witnesses  shall  be  entitled  to  receive  the  same 
fees  allowed  to  witnesses  in  justices  courts,  but  they  shall  not  receive 
their  pay  in  advance.  Any  person  refusing  to  obey  any  such  sub- 
poena or  refusing  to  testify  before  the  common  council,  shall  be 
deemed  guilty  of  a misdemeanor,  and  shall  be  punished  by  a fine  of 
not  less  than  one  dollar,  nor  more  than  fifty  dollars,  besides  the  costs  of 
prosecution,  and  in  default  ot  payment  of  such  fine  and  costs,  shall 
be'committed  to  the  common  jail  of  Green  Lake  county  for  not  to 
exceed  sixty  days. 

Section  47.  When  any  claim,  duly  verified,  shall  have  been 
presented  to  the  city  clerk,  and  the  common  council  shall  neglect  or 
refuse  to  allow  or  disallow  the  same  for  sixty  days  thereafter,  it  shall 
be  deemed  and  taken  to  be  disallowed,  and  the  owner  or  holder  there- 
of shall  have  the  same  right  to  appeal  as  in  case  of  a disallowed 
claim. 


28 


STATUTES  RELATING  TO  THE  MUNICIPAL 


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Section  48.  No  member  of  the  common  council,  or  of  the  board 
of  education,  nor  the  mayor,  city  clerk  or  city  attorney,  if  by  pro- 
fession an  attorney-at-law  of  this  state,  nor  any  member  of  a law  firm 
of  which  he  is  a member,  shall  be  permitted  to  appear  against  the 
city  in  any  action  or  appeal  in  which  the  city  is  a party. 

Section  49.  The  common  council  shall  as  soon  hereafter  as 
practicable,  cause  to  be  made  and  filed  in  the  office  of  the  city  sur- 
veyor, certified  copies  of  all  the  plats  now,  or  hereafter,  recorded  in 
the  office  of  the  register  of  deeds  of  Green  Lake  or  Waushara  coun- 
ties, which  in  any  way  relate  to  any  lands  in  said  city, and  the  same, 
when  so  filed,  shall  be  kept  open  to  the  inspectors  of  all  citizens  of 
said  city  during  reasonable  hours. 

CHAPTER  Y. 

FINANCES. 

Section  50.  All  moneys,  credit  and  demands  belonging  to  the 
city,  shall  be  deposited  with  and  kept  by  the  city  treasurer,  and  shall, 
except  the  school  fund,  be  under  the  control  of  the  common  council, 
and  shall  be  drawn  out  only  upon  the  order  of  the  mayor  and  city 
clerk,  thereunto  duly  authorized  by  toe  common  council;  provided, 
that  the  school  fund  shall  be  drawn  out  only  as  hereinafter  provided, 
in  relation  to  the  school  fund.  All  orders  drawn  upon  the  treasury 
may  be  payable  generally  out  of  any  funds  in  the  treasury  belonging 
to  the  city,  except  the  school  fund;  and  all  orders  drawn  upon  the 
treasury  of  the  city,  shall  be  made  payable  to  the  person  in  whose 
favor  they  may  be  drawn,  or  bearer;  all  such  orders  shall  be  re- 
ceived in  payment  of  any  city  taxes  levied  and  assessed,  except  for 
school  purposes. 

Section  51.  The  common  council  of  said  city  may  levy  annual- 
's upon  the  taxable  property  of  said  city  to  defray  the  current  ex- 
's of  said  city,  a tax  on  all  property,  real,  personal  or  mixed, 
§ S gsaid  city,  subject  to  taxation  by  the  laws  of  this  state,  such 
^ j?^ever  not  to  exceed  for  all  city  purposes,  except  for  schools, 
g ® 7ls  on  eace  dollar  of  taxable  property  of  the  city,  as  shown  by 

which  the  tax  is  levied. 

The  common  council  shall  cause  to  be  levied  an- 
H upon  the  taxable  property  of  said  city,  such  sum  or  sums  of 
g "Soyas  the  board  of  education  shall  determine  and  certify  as  nec- 
try  to  be  raised  for  defraying  the  current  expenses  of  the  public 
^ loolsof  the  city;  provided,  that  the  sum  or  sums  so  levied  in  any 
g #ar  shall  not  exceed  the  sum,  which  the  board  of  education  is  by 
a,  ‘his  act  authorized  to  call  for  to  he  used  in  the  public  schools  of  said 
5 city. 

Section  53,  The  common  council  shall  cause  to  be  levied  an- 


S 05  d 

^ ^ sessment  roll  of  that  year  for 
£ .2  ection  52, 


a ~ 

<3  eg  © 


Pgepeir- 

state 

they^cl-§i^>  in  lieu  of  secti^  ^ 
chapter  409  oTTh^X.8  of  the  state 
Wisconsin  for  the  year  lf-fSv. 

The  Mayor  and  Common  Council  "or 
the  City  of  Berlin  do  ordain  as  follows: 
Section  1.  That  section  142  A.  of 
chapter  326,  of  the  general  laws  of  the 
state  of  Wisconsin  for  the  year  1889, 
as  amended  by  chapter  312  of  the 
I general  laws  of  the  state  of  Wisconsin 
for  the  year  1893,  as  further  amended 
by  chapter  199  of  the  laws  oftbestate 
of  Wisconsin  for  the  year  1895,  be, 
and  the  same  is  hereby,  adopted  in 
lieu  of  section  51,  chapter  409  of  the 
laws  of  the  state  of  Wisconsin  for  the 
year  1887,  that  is  to  say;  that  chap- 
ter  409  of  the  laws  of  the  state  of  Wis- 

Jonsinforthe  year  1887  is  hereby 
amended  by  striking  therefrom  the 
section  numbered  51  therein,  and  in- 
serting in  lieu  ther^e 
and  bv  .v^6  of  the  general  law; 

sta>e  isconsin  for  the  year 

1889r*»^  several  acts  amend- 
atory tfb<  d section  142  A,  *^0,, 

that  saicf  t 51  shall  be  and  Ifc&ll 
:ead  as  folio ..  Section  142  A.  The 
common  council  shall  have  power  to 
annually  levy  such  sum  or  sums  of 
money  as  may  be  sufficient  for  the 

Eeral  purposes  for  which  taxes  are 
ihorized  to  be  levied,  and  to  appor- 
tion the"sam< 
md  ward  proposes  as  they  may  pro- 
/ide  by  ordinance  or  resolution;  pro- 
vided, a tax  levied  for  any  one  year 
or  municipal  purposes,  together  with 
he  tax  required  to  be  levied  for  state, 
ounty  and  county  school  purposes, 
nd  for  delinquent  taxes  for  the  pre- 
eding  year,  shall  not  exceed  the 
mount  of  three  per  cent,  of  the  as- 
: ;ssed  value  of  real  and  personal 
■ roperty  of  the  city  in  that  year. 

This  ordinance  shall  take  effect  and 
i in  force  from  and  after  its  passage 
id  publication. 

Passed,  adopted  and  approved  this 
j-'venth  day  of  May,  A.  D.,  1896. 

14est,  Henry  Morman,  City  Clerk. 
John  J.  Wood,  Jr., 


banish  JdP!^rTScatter- 
I J^tf^errilla  had  crossed 

l^STroyed  the  place.  1 
lace  for  the 

^ Hi  l,  1 1 1 i I mi  so  she 
•■Tyancl  of  rebels  that 


ability  a 
It  was  n 
between 


MME.  VERONA. 


of  the  liot 
artist,  wl 
was  drive 
change  ir 
parents  r 
him,  and 
drive  yoi 
useless. 


at  way  to  take  her  with  them 
Is  camp.  Once  there  she  asked 
listed  as  a soldier.  The  chief 
lefused,  but  her  brothers  and 
Id  him  she  yvould  starve  other- 
I he  relentejl  and  enrolled  her. 
pnly  one  battle.  At  Ayoleta, 
■town  of  Quemado  de  Guinea, 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


29 


anually  upon  the  taxable  property  of  said  city,  such  sum  or  sums  of 
money  as  the  board  of  education  shall  determine  and  certify  to  be 
necessary  for  the  purchase  of  school-houses,  sites,  or  for  the  building 
or  repairing  of  school-houses,  and  that  the  amount  so  levied  in  any 
one  year  shall  not  exceed  the  sum  which  the  board  of  education  shall 
certify  as  necessary  for  such  purposes  as  piovided  by  this  act. 

Section  54  All  moneys  levied  and  raised  for  the  purpose  of  de- 
fraying the  current  expenses  of  the  public  schools,  or  for  the  pur- 
chase of  sites  for  school-ho uses,  or  for  building  or  repairing  school- 
houses,  shall  after  they  are  collected,  constitute  one  fund,  subject  to 
the  control  of  the  board  of  education,  for  school  purposes,  in  said 
city.  All  moneys  raised  in  said  city,  for  school  purposes,  shall  be 
paid  to  the  city  treasurer,  who  shall  be  accountable  therefor  in  the 
same  manner  as  for  other  moneys  of  said  city. 

Section  55.  All  moneys  coming  into  the  hands  of  the  city 
treasurer,  by  any  provision  of  law,  by  gift  or  otherwise,  for  the  use 
and  benefit  of  the  public  schools  of  said  city,  shall  be  placed  by  him, 
to  the  credit  of  the  board  of  education  of  said  city;  and  such  moneys 
shall  not  be  paid  out  by  him,  except  upon  an  order  drawn  upon  him, 
by  direction  of  the  board  of  education,  and  signed  by  the  superinten- 
dent of  schools  and  countersigned  by  the  clerk  of  the  board  of  educa- 
tion; and  all  such  orders  shall  be  made  payable  to  the  person  or 
persons  entitled  to  receive  the  same. 

Section  56.  No  property  in  said  city  shall  be  exempt  from  tax- 
ation, except  such  as  is  exempt  from  taxation  under  the  general  law 
of  this  state;  provided,  however,  that  real  estate  exempt  from  taxa- 
tion by  the  laws  of  this  state  shall  be  subject  to  special  taxes  for  side- 
walks, sewers,  and  street  improvements  on  the  same. 

Section  57.  All  taxes,  special  or  general,  levied  under  this  act, 
shall  be  alien  upon  and  against  the  property  upon  which  the  same  is 
levied,  and  shall  be  collected  in  the  same  extent  and  in  like  manner 
as  provided  in  the  law  of  this  state,  in  relation  to  the  levy  and  col- 
elction  of  taxes  in  towns. 

Section  58  The  assessor  shall  complete  and  return  his  assess- 
ment rolls  to  the  board  of  review  of  said  city,  on  or  before  the  first 
Monday  in  August  in  each  year.  During  the  last  week  of  the  month 
of  July  in  each  year,  the  assessor  shall  attend  at  the  chamber  of  the 
common  council,  and  there  hear  the  complaints  of  persons  who  may 
feel  themselves  aggiieved  by  such  assessment,  and  he  shall  make 
alterations  and  amendments  thereto,  such  as  justice  and  equity  may 
require. 

Sectlon  59.  The  mayor,  city  clerk  and  assessor  shall  constitute 
a board  of  review  anJ  equalization,  and  shall  meet  at  the  chambers  of 


30 


STATUTES  RELATING  TO  THE  MUNICIPAL 


the  common  council  on  the  first  Monday  of  August  in  each  year 
and  shall  proceed  in  all  respects  as  town  boards  are  required  by  law 
to  proceed  in  reviewing  and  equalizing  assessment  rolls,  and  lands 
omitted  from  the  assessment  of  previous  years,  shall  be  re-assessed 
as  provided  in  the  general  laws  of  the  state  in  respect  thereto. 

Section  60.  After  the  correction  and  revisions  of  the  assessment 
rolls  of  the  city,  the  same  shall  be  filed  with  the  city  clerk,  who  shall 
record  all  changes  made  therein  by  the  board  of  review. 

Section  61.  The  common  council  shall,  on  or  before  the  third 
Tuesday  in  November,  of  each  year,  by  resolution,  levy  such  sum  or 
sums  of  money  not  exceeding  the  authorized  percentage,  as  may  be 
sufficient  for  the  several  purposes  for  which  taxes  are  herein  author 
ized  to  be  levied,  particularly  specifying  the  purposes  for  which  the 
same  are  levied. 

Section  62.  That  part  of  the  city  of  Berlin  lying  within  Wau- 
shara county,  and  herein  described  as  the  second  precinct  of  the  sec- 
ond ward,  shall  be  considered  for  the  purposes  of  county  and  state  tax- 
es, as  a town  in  Waushara  county,  and  the  county  board  of  supervis- 
ors of  said  Waushara  county  shall  apportion  the  county  and  state  tax 
as  to  such  district  and  the  county  clerk  of  said  county  shall  certify  the 
same  to  the  city  clerk  of  said  city  in  the  same  manner  and  with 
like  effect  as  provided  in  the  general  laws  of  this  state  in  relation  to 
the  apportionment  of  taxes,  and  the  certifying  such  apportionment 
to  any  town  in  said  Waushara  county;  provided,  however,  that  no 
tax  shall  be  apportioned  or  assessed  against  said  territory  on  account 
of  salary  or  stationery  of  the  superintendent  of  schools  of  said  Wau- 
shara county. 

Section  63.  The  city  clerk,  on  receiving  the  corrected  assesment 
rolls,  and  a certificate  of  the  amount  of  state,  county  and  school  tax 
apportioned  to  said  city,  shall  calculate  and  carry  out  the  total 
amount  of  such  taxes  upon  a uniform  percentage  against  the  pro- 
perty returned  in  said  assessment  rolls,  the  taxes  apportioned  to  said 
city  by  the  board  of  supervisors  of  Waushara  county  upon  the 
assessment  roll  returned  from  the  second  precinct  of  the  Second  ward, 
and  the  taxes  apportioned  against  said  city  by  the  board  or  super- 
visors of  Green  Lake  county,  upon  the  assesment  roll  returned  for 
all  of  said  city  lying  within  Green  Lake  county,  and  shall  also  calcu- 
late and  carry  out  upon  both  said  rolls  the  total  amount  of  all  city 
and  other  local  taxes,  set:  ing  down  opposite  to  the  several  sums  set 
down  as  the  valuation  of  the  real  and  personal  property,  the  respect- 
ive sums  assessed  as  taxes  thereon,  in  dollars  and  cents,  rejecting  the 
fraction  of  a cent  when  less  than  one-half,  otherwise  reckoning  said 
fraction  as  one  cent.  The  said  clerk  shall  also  calculate  and  carry 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


31 


out  on  both  said  rolls,  in  the  same  manner,  the  total  amount  of  all 
sums  due  from  the  city  on  account  of  moneys  heretofore  or  hereaf- 
ter borrowed  by  said  city  by  authority  of  law;  and  also  all  judg- 
ments recovered  against  said  city  as  provided  in  the  general  laws  of 
the  state.  Said  clerk  shall  also  enter  upon  both  said  rolls,  in  an  ad- 
ditional column  opposite  each  valuation,  five  per  centum  upon  all 
the  taxes  charged  therein  as  a collection  fee. 

Section  64.  Upon  completion  of  said  rolls,  the  clerk  shall  make 
a duplicate  copy  of  each  thereof,  and  deliver  such  duplicate  copies  to 
the  city  treasurer,  on  or  before  the  first  day  of  December  in  each 
year.  To  each  of  the  rolls  so  delivered  shall  be  annexed  a warrant, 
under  the  hand  of  the  city  clerk,  and  the  corporate  seal  of  said  city, 
which  warrant  shall  be  substantially  in  the  form  prescribed  by  the 
general  laws  of  this  state,  to  be  delivered  to  town  treasurers. 

Section  65.  The  said  assessment  rolls  and  warrants  thereto 
attached  shall  be  prima  facie  evidence  in  all  courts  that  the  lands  and 
persons  therein  named,  were  subject  to  taxation,  and  that  the  as- 
sessment was  just  and  equal. 

Section  66.  After  the  assessment  roils  are  completed,  and 
placed  in  the  hands  of  the  city  treasurer  for  collection,  it  shall  n3t  be 
lawful  for  the  common  council  to  remit,  annul  or  cancel  any  tax 
charged  against  any  real  or  personal  property  except  in  the  fol- 
lowing specified  cases: 

1.  When  a clerical  error  has  been  made  in  descriptions  or  trans- 
fer of  the  property  from  the  original  assessment  lists  or,  books,  or  in  the 
extension  of  the  tax. 

2.  When  the  tax  is  manifestly  illegal  and  void  by  reason  of  the 
exemptions  of  the  property  from  taxation  by  law. 

Section  67.  The  city  treasurer,  upon  the  receipt  of  such  dupli- 
cate copies  of  the  tax  lists,  shall  proceed  to  collect  the  same  in  like 
manner,  and  shall  have  the  same  powers  and  be  subject  to  like  re- 
quirements, liabilities  and  restrictions  as  town  treasurers,  except  as 
otherwise  provided  by  this  act. 

Section  68.  All  the  general  laws  of  this  state  which  now  are,  or 
hereafter  shall  be  in  force  relative  to  the  assessment  and  collection  of 
taxes,  shall  be  in  force  in  sa  id  city,  except  as  herein  otherwise  spec- 
ially proyided. 

Section  69.  The  city  tieasurer  of  said  city  shall  make  and  re- 
turn two  delinquent  lists,  the  one  for  the  second  precinct  of  the  Sec- 
ond ward  to  the  county  treasurer  of  Waushara  county,  and  one  for 
all  of  said  city  not  comprised  in  said  precinct,  to  the  county  treasurer 
of  Green  Lake  county;  such  lists  shall  be  made  and  returned  at  the 
same  time  and  in  the  same  manner,  and  the  penalty  of  five  per  ceh- 


32 


STATUTES  RELATING  TO  THE  MUNICIPAL 


turn  shall  be  included  therein  as  provided  by  the  general  laws  of  this 
state  in  regard  to  delinquent  tax  lists  of  treasurers  in  towns;  and  he 
shall  also  settle  with  and  pay  over  all  moneys  porperly  payable  to 
county  treasurers  of  said  counties  as  provided  in  relation  to  town 
treasurers  by  said  general  law. 

Section  70.  No  error  or  informality  in  the  proceedings  of  any 
of  the  officers  in  assessing  property,  levying  or  collecting  taxes,  or  in 
making  return  of  unpaid  taxes,  not  affecting  the  substantial  justice 
of  the  tax  itself,  shall  vitiate,  invalidate,  or  in  anywise  affect  the  val- 
idity of  the  assessment  or  of  the  tax. 

Section  71.  No  tax  shall  be  apportioned,  assessed  or  levied 
against  any  property  in  said  city  on  account  of  the  salaries  of  the 
superintendents  of  schools  of  Green  Lake  and  Waushara  counties,  or 
either  of  them. 

CHAPTER  VI. 

LAYING  OUT  OR  ALTERING  STREETS,  ALLEYS,  ETC. 

Section  72.  Whenever  the  common  council  shall  intend  to  lay 
out  and  open,  change,  widen  or  extend  any  street,  lane,  alley,  public 
grounds,  square  or  other  place  or  to  construct  and  open,  alter  enlarge 
or  extend  drains,  canals  or  sewers  or  alter,  widen  or  straighten  water- 
courses  therein,  and  it  shall  be  necessary  to  take  private  property 
therefor,  they  shall  cause  an  accurate  survey  and  plat  thereof  to  be 
made  and  filed  with  the  clerk,  and  they  may  purchase  or  take  by 
donation  such  grounds  as  shall  be  needed,  by  agreement  with  the 
owners,  and  take  from  them  conveyances  thereof  to  the  city,  for  such 
use  or  in  fee;  but  otherwise  they  shall,  by  resolution,  declare  their 
purpose  to  take  the  same,  and  therein  describe  by  metes  and  bounds 
the  location  of  the  proposed  improvements  and  the  land  proposed  to 
be  taken  therefor,  defining  separately  each  parcel  and  the  amount 
thereof  owned  by  a distinct  owner,  mention  the  names  of  the  owners 
or  occupants  so  far  as  known,  and  therein  fix  a day,  hour  and  place 
when  and  where  they  will  apply  to  the  county  judge  or  a court  com- 
missioner of  Green  Lake  county,  or  a justice  of  the  peace  of  Green 
Lake  county,  for  a jury  to  condemn  and  appraise  the  same. 

Section  73.  They  shall  thereupon  cause  to  be  made  by  the 
clerk  a notice  of  adoption  of  such  resolution,  embracing  a copy  there- 
of, and  notifying  all  parties  interested  that  the  common  council  v ill, 
at  the  time  and  place  named,  apply  to  the  judge,  commissioner  or 
justice  named,  for  the  appointment  of  a jury  to  condemn  and  ap- 
praise such  lands.  A copy  of  such  notice  shall  be  served  by  the 
chief  of  police,  or  any  constable,  on  the  owner  of  each  such  parcel  of 
land  to  be  taken,  if  known  and  a resident  within  the  county;  such 
service  to  be  male  in  the  manner  prescribed  for  serving  a summons 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


33 


in  an  action  in  the  circuit  court,  and  the  return  of  tue  officers  shall 
be  conclusive  evidence  of  the  facts  therein  stated.  If  the  notice  can- 
not be  so  given  as  to  all  the  parcels,  then  the  same  shall  also  be  pub- 
lished once  in  each  week  for  three  successive  weeks,  in  a newspaper 
published  in  said  city;  and  the  affidavit  of  the  printer  or  foreman  of 
such  newspaper  shall  be  conclusive  evidence  of  such  publication. 
Such  notice  shall  be  served  and  such  publication  made  for  three 
weeks,  complete  at  least  one  week  before  the  time  fixed  therein  for 
such  application.  If  any  person  so  served  with  notice  be  a minor,  or 
of  unsound  mind,  the  judge,  commissioner  or  justice,  before  proceed- 
ing, shall,  on  the  day  fixed  for  nearing  such  application,  appoint  for 
him  a guardian  for  the  purposes  of  such  proceeding,  who  shall  give 
security  to  the  satisfaction  of  such  magistrate,  and  act  for  said  ward. 

Section  74.  At  the  time  and  place  fixed  for  such  hearing,  the 
application,  accompanied  by  a copy  of  such  resolution  and  such  sur- 
vey, and  by  proof  of  service  of  the  notice,  as  provided  in  the  last  sec- 
tion, shall  be  filed  with  the  judge,  commissioner  or  justice,  who  shall 
thereupon  make  a list  of  twenty-four  competent  jurors,  not  interested, 
but  residents  of  the  city  shall  not  be  disqualified.  He  shall  hear  and 
decide  any  challenges  for  cause  or  favor,  made  to  any  one,  and  if 
sustained,  shall  replace  his  name  with  an  unobjectionable  juror,  until 
the  list  shall  be  perfected.  Thereupon,  under  direction  of  such  mag- 
istrate, each  party,  the  city,  by  its  attorney  on  the  one  side,  and  the 
owners  of  lands  or  their  agents  present,  or  if  none  be  present,  or  they 
disagree,  a disinterested  person,  appointed  by  the  judge,  commission- 
er or  justice,  on  the  other,  shall  challenge  six  names,  one  at  a time, 
alternately,  the  common  council  beginning.  To  the  twelve  jurors  re- 
maining such  judge,  or  justice,  shall  issue  a precept,  requiring  them, 
at  an  hour  on  a day  named,  not  more  than  ten  nor  less  than  three 
days  thereafter,  to  appear  before  him,  to  be  sworn  and  serve  as  a jury, 
to  view  lands  and  appraise  damages,  and  at  the  same  time  shall  pub- 
licly adjourn  the  proceedings  to  the  time  and  place  so  named;  such 
precept  shall  be  served  by  the  chief  of  police  or  any  constable,  at 
least  one  day  before  the  appointed  time,  by  reading  the  same  to  each 
such  juror,  or  by  leaving  a copy  at  his  usual  place  of  abode  in  the 
presence  of  a member  of  his  family. 

Section  75.  The  jurors  summoned  shall  appear  at  the  time  and 
place  named;  and  if  any  be  excused  by  the  judge,  commissioner  or 
justice,  or  fail  to  attend,  he  shall  direct  other  disinterested  persons  to 
be  forthwith  summoned  in  their  stead,  until  twelve  be  obtained.  The 
magistrate  shall  then  administer  to  them  an  oath  that  they  shall  well 
and  truly  inquire  into  and  determine  the  necessity  for  taking  the 
lands  mentioned  in  the  resolution,  and  if  found  necessary,  the  dam- 


34 


STATUTES  RELATING  TO  THE  MUNICIPAL 


ages  occasioned  thereby,  and  faithfully  discharge  tneir  duties  as  jurors 
according  to  law. 

Section  75a.  Under  the  direction  of  such  magistrate,  the  jury 
shall  view  the  lands  to  be  taken,  and  shall  then  sit  before  him  to  hear 
such  competent  evidence  as  shall  be  produced  by  any  party;  and  for 
such  purpose,  such  magistrate  shall  possess  the  same  powers  as  a 
court  in  session  with  a jury  and  if  there  be  necessity,  may  adjourn 
the  sitting  from  day  to  dav.  The  jury  shall  render  a separate  unan- 
imous verdict  in  writing,  signed  by  them  in  which  they  shall  find 
whether  it  will  be  necessary  to  take  such  lands,  or  any  part  thereof, 
for  such  purpose,  describing  such  as  they  find  necessary  to  be  taken; 
and  if  any  be  found  necessary  to  be  taken,  then  an  appraisement  of 
damages,  specifying  therein  the  damages  to  each  owner,  and  separate- 
ly the  value  of  the  land  taken  from  each,  and  the  damages  otherwise 
sustained  by  each  by  reason  of  the  taking  thereof,  in  estimating  which 
they  shall  deduct  therefrom  any  special  benefit,  if  any,  to  be  enjoyed 
by  each  from  such  improvement,  and  a majority  of  such  jury  may 
render  suoh  verdict  or  appraisement  of  damages,  and  shall  sign  the 
same.  Any  technical  error  in  such  verdict  may  be  immediately  cor- 
rected by  the  magistrate  with  the  assent  of  the  jury  and  they  shall 
be  thereupon  discharged  and  their  verdict  filed  by  the  magistrate.  In 
case  the  jury  shall  fail  to  find  a verdict,  another  jury  shall  be  selected 
summoned,  sworn,  and  proceed  in  the  same  manner. 

Section  76.  Within  ten  days  after  such  verdict,  any  land  owner 
whose  land  has  been  taken,  may  appeal  from  the  award  of  damages 
to  him,  in  such  verdict  to  the  circuit  court,  and  the  city  may  likewise 
appeal  from  the  award  of  damages  to  any  owner,  by  filing  with  such 
magistrate  a notice  of  appeal,  specifying  whether  the  appeal  is  from 
the  whole  award  to  him  or  a part,  and  if  a part  what  part,  and  there- 
with an  undertaking  with  two  sufficient  sureties,  to  be  approved  by  the 
magistrate,  to  pay  all  costs  that  may  be  awarded  against  such  appel- 
lant on  the  appeal,  and  paying  the  magistrate  for  his  return  thereof, 
except  when  the  city  appeals  no  such  undertaking  shall  be  filed.  Any 
party  not  so  appealing  shall  be  forever  concluded  by  such  verdict  or 
appraisement.  Upon  an  appeal  being  taken,  the  magistrate  shall 
transmit  to  the  clerk  of  the  circuit  court  of  Green  Lake  county,  with- 
in ten  days  the  notice  of  appeal  and  undertaking,  and  thereto  an- 
nexed a copy  of  all  ihe  papers  and  proceedings  before  him  with  his 
certificate  thereof.  He  shall,  after  the  time  for  appealing  expires, 
file  with  the  city  clerk,  annexed  together,  all  the  original  papers,  in- 
cluding the  verdict,  with  a certificate  by  him  thereof,  and  that  no  ap- 
peal has  been  taken  from  such  verdict,  except  as  the  facts  are,  which 
he  shall  briefly  specify;  and  the  clerk  shall  record  all  such  proceed- 
ings. 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


35 


Section  77.  Upon  filing  such  transcript  in  the  circuit  court,  the 
appeal  shall  be  considered  an  action  pending  in  such  court.,  and  be  so 
entered,  the  land  owner  as  plaintiff  and  said  city  as  defendant,  and 
be  subject  to  a change  of  place  of  trial  and  appeal  to  the  supreme 
court.  The  appeal  shall  be  tried  by  a jury  unless  waived;  and  costs 
shall  be  awarded  against  the  appellant  if  a more  favorable  verdict  be 
not  obtained;  otherwise,  against  the  respondent.  Upon  the  entry  of 
judgment,  the  clerk  of  the  circuit  court  shall  transmit  a certified  copy 
thereof  to  the  city  clerk  of  said  city. 

Section  78.  If  the  verdict  of  the  jury  first  called  find  it  neces- 
sary to  take  such  land  or  any  part  thereof,  the  common  council  may, 
upon  return  thereof  to  the  clerk,  enact  an  ordinance  according  there- 
to for  laying  out,  changing,  widening  or  extending  and  opening  any 
such  street,  lane,  alley,  public  grounds,  square  or  other  public  place, 
or  constructing  and  opening,  altering,  widening  or  straightening,  or 
extending  any  such  drains,  canals,  sewers  or  water-courses,  but  shall 
not  enter  upon  any  such  land  therefor,  until  the  owner  be  paid  in  full 
the  damages  awarded  him  by  such  verdict  or  appraisement,  or  such 
damages  be  set  apart  for  him  in  the  hands  of  the  treasurer,  and  an 
order  therefor  lawfully  executed  to  him  to  be  deposited  with  the 
clerk  to  permanently  remain  subject  to  his  order,  at  any  time  before 
causing  any  such  land  to  be  actually  taken,  or  pat  to  public  use,  and 
before  the  rendition  of  a judgment  in  the  circuit  court  for  damages, 
the  common  council  may  discontinue  all  proceeding  theretofore  tak- 
en and  the  city  shall  in  such  event  be  liable  for  costs  only.  All  the 
costs  of  every  such  proceeding  shall  be  paid  by  the  city,  except  where 
the  city  recovers  costs  in  the  circuit  court. 

Section  79.  For  the  purpose  of  payment  of  the  expenses,  in- 
cluding all  damages  and  costs  incurred  for  the  taking  of  private  pro- 
perty, and  of  making  any  improvements  mentioned  in  the  last  pre- 
ceding section,  the  common  council  may,  by  resolution,  levy  and 
assess  the  whole  or  any  part  not  less  than  half  of  such  expenses,  as  a 
tax  upon  such  property  as  they  shall  determine  is  specially  benefited 
thereby,  making  therein  a list  thereof,  in  which  shall  be  described 
every  lot  or  parcel  of  land  so  assessed,  with  the  name  of  the  owner 
thereof,  if  known,  and  the  amount  levied  thereon  set  opposite.  Such 
resolution,  signed  by  the  mayor  and  clerk,  shall  be  published  once  in 
each  week  for  two  weeks,  in  a newspaper  published  in  said  city,  and 
a notice  therewith  that  at  a* certain  time  therein  stated,  the  common 
council  will  meet  at  their  usual  place  of  meeting  and  hear  all  objec- 
tions which  may  be  made  to  such  assessment  or  to  any  part  thereof. 
At  the  time  so  fixed  the  common  council  shall  meet  and  hear  ali  such 
objections,  and  for  that  purpose  may  adjourn  from  day  to  day,  not 


36 


STATUTES  RELATING  TO  THE  MUNICIPAL 


more  than  three  days,  and  may  by  resolution  modify  such  assessment 
in  whole  or  in  part,  at  any  time  before  the  first  day  in  November 
thereafter,  any  party  liable  may  pay  any  such  tax  to  the  city  treasur- 
er. If  the  same  shall  not  be  so  paid,  then  the  city  clerk  shall  insert 
the  same  with  five  per  centum  thereon  additional,  into  the  tax  roll, 
in  addition  to  and  as  part  of  all  other  taxes  therein  levied  on  such 
land,  to  be  collected  therewith. 

Section  80.  Upon  the  petition  in  writing  of  all  owners  of  lots  or 
land  on  any  street  or  alley  in  said  city,  and  not  otherwise,  the  com- 
mon council  may  discontinue  such  street,  alley,  or  any  part  thereof. 
At  least  one  week  before  acting  upon  such  petition,  the  council  shall 
cause  a notice  to  be  published  in  the  official  paper  of  said  city,  stat- 
ing when  the  petition  will  be  acted  on,  and  what  street  or  alley  or 
part  thereof  is  proposed  to  be  vacated. 

Section  81.  All  public  highways,  streets  or  alleys,  now  in  use  in 
said  city  heretofore  laid  out  and  established  pursuant  to  law,  and  all 
roads,  streets  or  alleys  in  said  city  not  recorded,  which  shall  have  been 
or  shall  be  used  as  public  roads,  streets  or  alleys  ten  years  or  more, 
shall  be  deemed  and  held  to  be  public  roads,  streets  or  alleys. 

CHAPTER  VIII. 

CITY  IMPROVEMENTS. 

Section  82.  The  common  council  shall  adopt  general  regulations 
relative  to  the  cleansing  and  repairing  of  streets,  avenues,  lanes,  al- 
leys, highways,  bridges,  sewers,  sidewalks,  crosswalks  and  public 
grounds,  and  requiring  the  owners  and  occupants  of  lots  or  parcels  of 
land  bordering  or  abutting  on  any  street,  lanr,  avenue,  alley,  or  high- 
way to  keep  in  repair  or  rebuild  the  sidewalks  adjoining  their  prem- 
ises; and  in  case  the  owner  or  occupant  of  any  such  lot  or  parcel  of 
land  after  due  notice,  shall  neglect  or  refuse  to  repair  or  rebuild  any 
such  sidewalk,  the  street  commissioner  shall,  in  pursuance  of  such 
regulations,  or  of  the  order  of  the  common  council,  cause  the  same 
to  be  done  at  the  expense  of  the  said  lots  or  parcels  of  land  adjoining 
thereto  or  abutting  thereon;  and  the  street  commissioner  shall,  prior 
to  the  second  Monday  in  November  in  each  year,  make  a report  in 
detail  to  the  city  clerk,  duly  verified,  of  the  amount  of  tax  properly 
chargeable  against  each  lot  or  parcel  of  land  for  all  work  done  and 
unpaid  lor  under  the  provisions  of  this  section,  and  such  amount 
shall  be  a lien  on  such  lot  or  parcel  of  land,  and  with  other  or  like 
special  taxes  authorized  by  this  act,  shall*  be  levied  thereon  by  the 
common  council  at  the  next  succeeding  annual  levy  of  taxes  in  said 
city,  as  a special  tax  with  all  the  legal  consequences  both  as  to  collec- 
tion of  taxes  and  sale  of  such  lot  or  parcel  of  land  for  unpaid  taxes, 
prescribed  in  this  act  or  the  general  laws  of  this  state  for  special  tax- 


GOVERNMENT  OF  THE  CITY  OF  BERLIN.  37 

es.  The  cleansing,  graveling  and  repairing  of  streets,  avenues,  lanes, 
alleys,  highways  and  public  grounds  shall  be  done  under  the  superin- 
tendence of  the  street  commissioner  at  the  expense  of  the  city;  and 
the  common  council  may  provide  for  letting  all  such  work  by  the 
month  or  year,  by  contract.  Whenever  the  street  committee  of  the 
common  council  signify  in  writing  to  the  city  clerk  that  certain  re- 
pairs, as  provided  in  this  section,  are  needed,  the  city  clerk  shall 
forthwith  notify  in  writing  the  street  commissioner  to  cause  the  same 
to  be  done;  and  if  the  street  commissioner  shall  fail  or  neglect  to 
cause  the  same  to  be  done  within  six  days  from  the  time  of  receiving 
such  notification,  said  street  committee  may,  in  writing  to  be  filed  in 
the  clerk’s  office,  designate  a suitable  person  to  act  in  his  stead,  which 
person  shall  proceed  in  all  respects  the  same  as  the  street  commis- 
sioner, and  shall  immediately  thereafter  make  full  return  of  his  doings, 
under  oath,  to  the  city  clerk,  and  the  acts  and  doings  of  such  person 
so  appointed  shall  have  the  same  force,  effect  and  validity  as  the  acts 
of  the  street  commissioner. 

Section  S3.  When  directed  by  the  board  of  health,  the  street 
commissioner  shall  give  notice  to  all  owners  or  occupants  of  lots  or 
lands  which  may  be  deemed  injurious  to  health  by  reason  of  stag- 
nant watei  remaining  thereon,  to  abate  such  nuisance  by  draining  or 
tilling  such  lots  or  lands  within  a reasonable  time  to  be  specified;  and 
if  such  nuisance  shall  not  be  abated  or  removed  within  the  time  so 
specified,  the  street  commissioner  shall  cause  the  same  to  be  abated 
or  removed,  and  the  expense  thereof  shall  be  charged  to  and  collected 
from  said  lots  or  lands,  as  provided  in  the  last  preceding  section. 

Section  84.  The  costs  and  expense  of  surveying  streets,  alleys, 
sidewalks,  sewers,  and  of  estimating  work  thereon,  and  of  construct- 
ing and  repairing  public  wells,  and  reservoirs,  shall  be  chargeable  to 
and  payable  out  of  the  general  fund.  Opening,  grading,  planking  or 
paving  streets  and  alleys  to  the  center  thereof,  shall  be  chargeable  to 
and  payable  as  follows,  viz:  One-half  out  of  the  general  city  fund 
and  one  half  by  the  lots  fronting  on  such  street  or  alley.  Sewers 
may  be  ordered  by  the  common  council  and  built  at  the  expense  of 
the  lots  or  parcels  of  land  benefited  thereby,  which  shall  be  appor- 
tioned among  said  lots  or  parcels  of  land  by  the  city  surveyor;  pro- 
vided, however,  that  where  sewers  are  constructed  through  alleys,  no 
lots  shall  be  assessed  therefor  except  those  situated  in  the  block  or 
blocks  through  which  said  sewers  may  be  constructed;  and  where 
sewers  are  constructed  through  streets,  no  lot  shall  be  assessed  there- 
for except  those  situated  in  the  blocks  fronting  on  such  streets;  and 
provided  further,  that  in  all  cases  where  improvements  or  work  of 
any  kind  are  charged,  by  virtue  of  this  section,  upon  lots  benefited, 
all  such  improvements  across  streets,  alleys  and  public  grounds  bhall 


38 


STATUTES  RELATING  TO  THE  MUNICIPAL 


be  made  and  paid  for  out  of  the  general  fund,,  in  proportion  to  the 
width  of  the  street,  alley  or  public  ground. 

Section  85.  The  street  commissioner  shall  not  have  power  to 
make,  grade,  gravel,  or  pave  any  street,  avenue,  alley  or  public 
grounds,  or  to  construct  any  well,  gutter  or  sidewalk,  nor  shall  the 
city  surveyor  have  power  to  construct  or  accept  any  reservoir  or  sewer, 
unless  the  same  shall  have  been  first  duly  authorized  by  an  order  of 
the  common  council,  to  be  entered  in  their  proceedings;  provided, 
that  nothing  herein  shall  be  so  construed  as  to  prohibit  the  street 
commissioner  from  making  or  causing  to  be  made,  all  necessary  re- 
pairs to  any  sidewalk,  street,  avenue,  alley,  public  grounds,  wells, 
reservoirs,  sewers  and  gutters;  and  provided,  further,  that  he  shall  be 
at  liberty  to  construct  public  wells,  whenever  the  common  council 
shall  order  the  same;  but  there  shall  not  be  more  than  one  well  to 
any  four  blocks  upon  any  one  street  or  avenue.  Hereafter,  no  spec- 
ial improvement  shall  be  ordered  by  the  common  council  exceeding 
in  estimated  costs  the  sum  of  two  hundred  dollars,  unless  more  than 
one  half  the  owners  of  the  lands  or  lots  to  be  taxed  for  such  improve- 
ment, shall  petition  in  writing,  for  the  same,  or  unless  the  same  shall 
be  ordered  by  a vote  of  two-thirds  of  all  the  aldermen  elect.  If  the 
common  council  order  any  special  improvements  to  be  made,  or  pass 
any  ordinance  requiring  any  special  improvement  to  be  made,  or  pass 
any  ordinance  requiring  any  special  improvement  to  be  done,  the 
vote  thereon  shall  be  taken  by  yeas  and  nays,  and  entered  upon  fhe 
journal  of  the  proceedings  of  said  common  council;  and  no  special 
improvement  shall  be  valid  or  binding  unless  said  vote  be  so  taken 
and  recorded. 

Section  86.  Whenever  the  common  council  shall  authorize  the 
making  of  any  public  improvement  as  provided  by  this  chapter,  the 
city  clerk  shall  forthwith  notify  the  city  surveyor  to  make  and  file  in 
his  office  all  necessary  plans  and  specifications  therefor,  and  an  es- 
timate of  the  whole  expense  thereof  and  the  proportion,  if  any,  to 
be  assessed  and  charged  to  each  lot  or  parcel  of  land;  and  in  the  case 
of  grading  streets,  avenues,  lanes,  alleys,  highways  or  building  side- 
walks, of  the  number  of  cubic  yards  to  be  excavated  or  filled  in  front 
of  each  lot  or  tract  of  land,  and  such  estimate  and  plans  shall  be  the 
property  of  the  city,  and  shall  be  open  to  the  inspection  of  all  par- 
ties interested.  The  city  clerk  shall  give  notice  by  advertisement  in 
the  official  paper  of  the  city,  to  the  owners  or  occupants  of  the  lots 
or  parcels  of  land  bordering  on  any  street,  avenue,  alley  or  highway, 
ordered  to  be  graded,  planked  or  paved,  requiring  them  to  do  the 
work  mentioned  in  such  notice  within  reasonable  time,  therein  to  be 
specified,  according  to  the  plans  and  specifications  on  file  in  his  office, 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


39 


and  if  the  said  work  shall  not  be  done  within  such  time,  the  city  clerk 
shall  at  once  proceed  to  advertise  for  proposals,  and  enter  into  con- 
tracts for  the  doing  thereof.  Whenever  any  contract  shall  have  thus 
been  made  and  concluded,  the  city  clerk  shall  without  delay,  notify 
the  street  commissioner  thereof,  accompanying  such  notice  with  a 
copy  of  the  terms  a id  conditions  of  such  contract.  All  contracts  for 
work  done  by  and  pursuant  to  the  provisions  of  this  chapter,  and  for 
the  construction  of  sewers  and  reservoirs,  shall  be  subject  to  the  ac- 
ceptance of  the  city  surveyor;  provided,  that  any  contractor  may  ap- 
peal from  the  decision  of  that  officer  to  the  common  council.  The 
common  council  may  in  its  discretion,  employ  any  competent  man 
to  superintend  the  construction  of  such  public  works  as  they  think 
proper.  In  all  cases  where  any  improvement  shall  be  ordered  pursu- 
ant to  the  provisions  of  this  act,  one-half  the  expense  of  which  shall 
be  chargeable  to  the  lots  bordering  thereon,  the  owner  or  agent  shall 
be  entitled  to  do  the  work  according  to  the  piano  and  specifications 
on  file,  and  on  completion  thereof,  to  the  acceptance  of  the  proper 
officer,  shall  be  entitled  to  receive  from  such  officer  a certificate  show- 
ing that  the  city  is  indebted  to  him  for  an  amount  equal  to  one  half 
of  the  estimated  expense  (previously  made  and  filed  by  the  city  sur- 
veyor) upon  the  presentation  of  which  certificate  duly  verified  by  the 
owner  or  holder  thereof  to  the  common  council,  the  same  shall  be 
allowed  to  him  out  of  the  general  fund  of  the  city;  provided,  that  any 
owner  or  agent  shall  within  ten  days  after  said  work  is  ordered  by  the 
common  council,  signify  to  the  city  clerk  in  writing  that  he  will  per- 
form the  same  according  to  the  plans  and  specifications  and  estimate 
made  by  the  city  surveyor,  within  the  time  designated  by  the  street 
committee  or  the  city  clerk. 

Section  87  Whenever  the  geneial  interests  of  the  city  requires 
deep  cutting  or  extraordinary  filling  of  any  street,  or  for  the  construc- 
tion of  any  sidewalk,  and  the  owners  of  the  lots  or  lands  fronting  on 
such  deep  cutting  or  filling,  shall  deem  themselves  aggrieved  thereby, 
and  shall,  within  ten  days  after  the  service  or  first  publication  of  the 
notice  requiring  the  improvement  to  be  made,  represent  to  the  street 
commissioner  in  writing,  that  the  expense  of  such  excavation  or  fill- 
ing will  exceed  the  benefit  the  same  will  be  to  the  property  assessed 
therefor,  the  street  commissioner  shall  report  the  same  to  the  street 
committee,  who,  or  a majority  of  them,  shall  examine  the  premises, 
and  if,  in  their  opinion,  the  cost  of  such  work  shall  exceed  the  benefit 
derived  therefrom,  it  shall  be  their  duty  to  determine  in  writing,  sub- 
scribed by  them  and  preserved  with  the  records  of  said  city,  which 
poition  of  the  work  shall  be  chargeable  to  such  lets  or  parcels  of  land, 
aid  how  much  or  what  portion  shall  be  chargeable  to  the  general 


40 


Statutes  relating  to  the  municipal 


fund;  and  such  proportion  as  shall  be  reported  as  properly  charge- 
able to  the  lots  or  parcels  aforesaid,  shall  be  assessed  upon  the  same, 
and  levied  and  collected  as  other  taxes  and  assessments,  and  the  re- 
mainder shall  be  paid  out  of  the  general  fund;  provided,  however, 
that  the  common  council  shall,  by  a majority  vote,  duly  ratify  the 
same;  and  provided,  further,  that  any  party  feeling  himself  aggrieved 
by  the  determination  of  the  common  council,  may,  within  ten  days 
from  the  date  thereof,  appeal  to  the  circuit  court  as  hereinbefore  pro- 
vided. 

Section  88.  After  the  completion  and  performance  of  any  con- 
tract entered  into  by  the  street  commissioner,  for  work  chargeable  to 
lots  or  lands,  by  virtue  of  this  chapter,  he  shall  give  to  the  contractor 
or  contractors  a certificate  under  his  hand,  stating  therein  the  amount 
of  work  done  by  such  contractor,  the  nature  thereof,  and  the  descrip- 
tion of  the  lot  or  parcel  of  land  upon  which  the  same  is  chargeable, 
which  said  certificate  may  be  transferred  by  endorsement  thereon, 
and  thereupon,  the  claim  of  said  contractor  shall  be  audited,  allowed 
and  paid  from  the  general  fund  upon  the  presentation  of  the  same. 

CHAPTER  VIII. 

fire  department. 

Section  89.  The  common  council,  for  the  purpose  of  guarding 
against  calamities  of  fire,  shall  have  power,  and  it  shall  be  their  duty 
to  prescribe  the  limits  within  which  wooden  building  or  buildings  of 
other  materials  that  shall  not  be  considered  fire  proof  shall  not  be 
erected,  placed  or  repaired,  and  to  direct  that  all  and  any  buildings 
within  the  limits  prescribed,  shall  be  made  and  constructed  of  fire 
proof  materials,  and  to  prohibit  the  repairing  or  rebuilding  of  wood- 
en buildings  within  the  fire  limits,  where  the  same  shall  have  been 
damaged  to  the  extent  of  fifty  per  cent,  of  the  value  thereof,  and  to 
prescribe  the  manner  of  ascertaining  such  damage. 

Section  90.  The  common  council  shall  have  power  to  prevent 
the  dangerous  construction  and  condition  of  chimneys,  fire-places, 
hearths,  stoves,  stove  pipes,  furnaces,  ovens,  boilers  and  apparatus 
used  in  and  about  any  building,  and  to  cause  the  same  to  be  removed 
or  placed  in  a safe  and  secure  condition,  when  considered  dangerous; 
to  prevent  the  deposit  of  ashes  in  unsafe  places;  to  require  the  inhab- 
itants to  provide  as  many  fire-buckets,  in  such  manner  and  time  as 
they  shall  prescribe,  and  to  regulate  the  use  of  them  in  time  of  fire; 
to  regulate  and  prevent  the  carrying  on  of  manufactories,  dangerous 
in  causing  and  promoting  fire;  to  regulate  and  prevent  the  use  of 
fire-works  and  fire-arms;  to  compel  the  owners  and  occupants  of 
buildings  to  have  scuttles  in  the  roof  and  stairs  of  ladders  leading  to 
the  same;  and  also  to  provide  well  or  cisterns  on  their  premises;  to 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


41 


authorize  the  mayor,  alderman,  fire  wardens  and  other  officers  of  the 
city  to  keep  away  from  the  vicinity  of  any  fire  all  idle  and  suspected 
persons,  and  to  compel  all  by-standers  to  aid  in  the  extinguishment 
of  fires,  and  in  the  preservation  of  property  exposed  to  danger 
thereat,  and  generally  to  establish  such  regulations  for  the  prevention 
and  extinguishment  of  fires  as  the  common  council  may  deem  exped- 
ient. 

Section  91.  The  common  council  shall  have  full  power  to  pur- 
chase fire-engines  and  other  fire  apparatus,  and  to  authorize  the  for- 
mation of  fire-engine,  hook  and  ladder  and  hose  companies,  and  to 
provide  for  the  due  and  proper  support  and  regulation  of  the  same, 
and  to  order  such  companies  to  be  disbanded,  and  their  meetings 
prohibited,  and  their  apparatus  to  be  delivered  up.  Each  company 
shall  not  exceed  forty  able-bodied  men,  between  the  ages  of  eighteen 
and  fifty  years,  and  may  elect  their  own  officers,  and  form  their  o vn 
by-laws,  not  inconsistent  with  the  laws  of  this  state  or  the  ordinances 
and  regulations  of  said  city,  and  shall  be  formed  only  by  voluntary 
enlistment.  Every  member  of  each  company  hereby  authorized  to 
be  formed,  shall  be  exempt  from  service  as  a juror  and  from  military 
duty,  during  the  continuance  of  such  membership,  and  any  person 
having  served  for  the  term  of  seven  years  in  either  of  said  eompan 
ies,  shall  be  forever  thereafter  exempt  from  military  duty,  except  in 
case  of  insurrection  or  invasion. 

Section  92.  There  shall  be  a meeting  of  the  members  of  said 
companies  on  the  second  Monday  of  April  in  each  year,  at  such  place 
as  may  be  designated  by  the  chief  engineer,  when  they  may  nomin- 
ate and  recommend  to  the  common  council  one  chief  engineer,  and 
three  assistant  engineers;  ani  the  common  council  shall  thereupon 
confirm  or  reject  said  nominations,  and  the  persons  so  appointed  shall 
perform  such  duties  as  the  common  council  may  prescribe. 

Section  93.  It  shall  be  lawful  for  said  wardens  at  any  time,  in 
the  discharge  of  their  duties,  to  enter  any  builuing  or  enclosure,  for 
the  purpose  of  inspecting  the  same. 

Section  94.  The  net  proceeds  of  all  fines  and  penalties  recov- 
ered for  any  breach  of  any  ordinance  or  regulation  made  in  pursu- 
ance of  this  chapter,  shall  be  paid  to  the  fire  department. 

Section  95.  Whenever  any  person  shall  refuse  to  obey  any  law- 
ful order  of  any  engineer,  fire-warden,  mayor,  or  alderman  at  any 
fire,  it  shall  be  lawful  for  the  officer  to  arrest,  or  direct  orally  the  chief 
of  police,  constable,  watchman,  or  any  citizen  to  arrest  such  person, 
and  confine  him  temporarily  in  some  safe  place  until  such  fire  shall 
be  extinguished;  and  in  the  same  manner  such  officers,  or  any  of 


42 


STATUTES  RELATING  TO  THE  MUNICIPAL 


them,  may  arrest  or  direct  to  arrest  and  confinement  of  an}'  person 
at  such  fire  who  shall  be  intox'cated  or  disorderly;  and  any  person 
who  shall  refuse  to  obey  such  lawful  order,  or  who  shall  refuse  to  ar- 
rest or  aid  in  arresting  any  person  so  refusing,  shall  be  liable  to  such 
penalty  as  the  common  council  may  prescribe,  not  exceeding  fifteen 
dollars. 

Section  96.  The  common  council  shall  have  power  to  organize 
sack  companies,  to  consist  of  not  more  than  thirty  members  each. 
Such  companies  shall  constitute  a part  of  the  fire  department,  and  at 
fires  shall  be  subject  to  the  control  of  the  chief  engineer.  The  mem- 
bers of  said  companies,  either  collectively  or  individually,  are  hereby 
authorized  and  empowered  to  act  as  a special  police  in  and  for  said 
city  of  Berlin,  and  are  hereby  vested  with  all  the  powers  and  authority 
which  now  is,  are,  or  hereafter  may  be  vested  in  any  police  officer  of 
said  city,  and  shall  be  entitled  to  all  the  rights  and  immunities  of 
members  of  the  fire  department.  At  fires  they  shall  take  charge  of 
all  the  property  which  may  be  exposed  or  endangered,  and  shall,  as  far 
as  may  be  in  their  power,  preserve  the  same  from  injury  or  destruc- 
tion. Said  companies,  may,  from  time  to  time,  adopt  such  by-laws 
and  regulations  as  they  may  deem  necessary,  not  inconsistent  with 
the  laws  of  this  state.  The  members  of  said  companies  shall  not  be 
entitled  to  receive  any  pay  orcompenastion  forservices  rendered  in  their 
official  capacity.  They  shall,  in  case  of  a riot  or  disturbance  of  the 
peace,  have  free  access  to  all  licensed  places  of  amusement  in  the 
city,  and  shall  perform  such  services  as  may  be  necessary  for  the 
peace  and  good  order  of  the  same.  The  members  of  said  companies 
shall  severally  take  on  oath  or  affirmation  that  they  shall  faithfully 
discharge  the  duties  of  their  said  office,  and  when  any  member  shall 
cease  to  be  a member  thereof,  by  resignation,  expulsion  or  other- 
wise, a notice  thereof  shall  be  giyen  to  the  city  clerk,  and  he  shall 
preserve  a list  of  all  the  members  of  each  of  said  companies. 

Section  97.  The  chief  engineer  of  the  fire  department  shall, 
semi-annually,  on  the  first  Saturday  in  April  and  October  in  each 
year,  make  report  in  detail,  and  under  oath,  to  the  common  council, 
of  all  property  belonging  to  the  city,  in  possession  of  the  fire  depart- 
ment, and  of  its  condition  and  value.  The  chief  engineer  shall,  from 
time  to  time,  make  such  recommendations  in  writing  to  thecommon 
council,  designed  to  promote  the  efficiency  of  the  fire  department,  as 
he  shall  deem  expedient.  He  shall  also  keep  in  a book  to  be  nrovid- 
ed  for  that  purpose,  a record  of  all  alarms  of  fire,  the  cause  thereof, 
the  extent  of  the  loss,  and  the  amount  of  insurance,  and  shall  incor- 
porate the  same  in  detail  in  his  semi-annual  leport. 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


43 


CHAPTER  IX. 

SUPPORT  OF  THE  POOR. 

Section  98.  All  laws  of  this  state  for  the  relief  and  support  of 
the  poor  in  towns,  shall  apply  to  said  city,  but  the  common  council 
may,  by  ordinance,  prescribe  the  mode  of  supporting  city  paupers. 
And  the  common  council  shall  appoint  one  or  more  suitable  persons 
to  act  as  commissioners  of  the  poor  of  the  city,  who  shall  perform  all 
the  duties  of  overseers  of  poor  in  towns,  and  such  other  and  further 
duties  as  the  common  council  shall  prescribe. 

CHAPTER  X. 

PROSECUTIONS  AND  FINES. 

Section  99.  Justices  of  the  peace  elected  under  this  act,  in  ad- 
dition to  the  powers,  duties  and  jurisdiction  yested  in  and  required  of 
them  by  the  laws  of  this  state,  shall  have  power  to  examine,  hear, 
try  and  determine  all  charges  f:>r  offenses  against  any  proyision  of 
this  act,  or  any  act  amendatory  thereof,  and  all  charges  for  the  vio- 
lation of  any  ordinance,  by-law,  police  or  health  regulation  made  in 
pursuance  of  and  by  the  authority  herein  conferred. 

Section  100.  All  fines,  forfeitures  and  penalities  imposed  by  any 
ordinance,  by-law,  regulation  or  resolution  of  said  city  may  be  collect- 
ed in  an  action  in  the  name  of  the  city  of  Berlin.  Upon  complaint 
made  to  any  justice  of  the  peace  of  said  city  by  the  chief  of  police, 
constable,  or  any  other  person,  that  any  offense  under  the  ordinances, 
by-laws,  regulations  or  resolutions  of  said  city  has  been  committed,  he 
shall  examine  the  complaint  on  oath  and  witnesses  produced  by  him, 
and  shall  reduce  the  complaint  to  writing,  and  cause  the  same  to  be 
subscribed  by  the  complainant;  and  if  it  shall  appear  that  such  of- 
fense has  been  committed,  the  said  justice  shall  issue  his  warrant, 
reciting  the  substance  of  the  complaint,  and  requiring  the  officer  to 
whom  it  is  directed  forthwith  to  arrest  the  accused  and  bring  him  be- 
fore such  justice,  or  some  other  justice  of  said  city,  to  answer  to  the 
city  of  Berlin  for  such  offense,  and  to  be  dealt  with  according  to  law; 
and  in  the  same  warrant  may  require  the  officer  to  summon  such 
witnesses  as  shall  be  named  therein  to  appear  and  give  evidence  at 
the  trial.  Such  complaint  may  be  in  the  following  form: 

State  of  Wisconsin,  ) 

Green  Lake  County,  >•  ss. 

City  of  Berlin.  j 

A.  B.,  being  first  duly  sworn  and  examined  on  oath,  complains  to 
the  undersigned  justice  of  the  peace  of  said  city,  that  C.  D.  did 

on  the day  of , A.  D.  18 — , at  said  city,  violate  the 

section  of  and  ordinance  (by-law,  etc.)  of  said  city,  entitled which 

said is  now  in  force  as  said  complaint  verily  believes,  by  then 


44 


STATUTES  RELATING  TO  THE  MUNICIPAL 


and  there  (here  state  offense),  and  prays  that  said  C.  D.  may  be  ar- 
rested and  held  to  answer  to  said  city  of  Berlin  therefor,  and  to  be 
dealt  with  according  to  law. 

A B . 

Subscribed  and  sworn  to  before  me  this day  of , 18 — . 

E.  F,  Justice  of  the  Peace. 

The  warrant  may  be  substantially  in  the  following  form: 

State  of  Wisconsin,  ) 

Green  Lake  County,  Vss.  In  Justice  Court. 

City  of  Berlin.  J 

To  the  sheriff  or  any  constable  of  said  county,  or  to  the  chief  of  police 

of  the  city  of  Berlin,  greeting: 

Whereas,  A B has  this  day  complained  in  writing,  an  oath,  that 

C.  D.  did,  on  the day  of , 18 — , at  said  city,  violate  the 

— section  of  an  ordinance,  (by-law,  etc.,)  of  said  city,  entitled 

(here  state  title)  which  said is  now  in  force  as  said  complainant 

verily  believes,  by  then  and  there  (here  state  offense).  Therefore  in 
the  name  of  the  state  of  Wisconsin,  you  are  hereby  commanded  to 
arrest  the  said  C D.  and  him  forthwith  bring  before  me  to  answer  to 
to  said  city  of  Berlin  on  the  complaint  aforesaid,  and  to  be  dealt  with 
according  to  law. 

Given  under  my  hand  this day  of , 18 — . 

E.  F.,  Justice  of  the  Peace. 

The  officers  mentioned  in  section  26,  of  this  act  may  arrest  of- 
fenders in  all  cases  without  warrant  when  such  offenders  are  found 
in  the  commission  of  any  offense. 

Section  101.  The  justice  shall  enter  an  action  in  his  docket  in 
which  the  city  of  Berlin  shall  be  plaintiff,  and  the  accused  defendant, 
and  he  shall  keep  all  such  other  enterics  as  are  required  in  civil 
causes. 

Section  102.  On  the  return  of  the  warrant  with  the  accused, 
the  said  justice  shall  proceed  to  hear,  try  and  determine  the  action 
within  one  day  unless  continued  for  cause,  and  if  the  defendant  shall 
before  he  pleads  to  said  complaint,  mak^oath  that  from  prejudice  or 
other  cause  he  believes  that  the  justice  will  not  decide  impartially  in 
the  matter,  and  shall  pay  the  justice  seventy-five  cents  for  making  a 
copy  of  his  docket  and  transmitting  the  papers  in  the  case,  then  said 
justice  shall  immediately  transmit  all  the  papers  in  the  case  to  the 
nearest  justice  of  said  city  qualified  by  law  to  try  all  causes  between 
the  said  city  and  the  defendant,  and  who  is  not  unable  to  try  the 
same  by  reason  of  sickness  or  absence,  and  in  the  event  there  shall 
be  no  justice  of  said  city  then  qualified  or  able  to  try  the  same,  then 
to  any  justice  of  the  peace  of  said  county,  and  the  justice  to  whom 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


45 


such  action  shall  be  transmitted  as  aforesaid,  shall  proceed  to  hear 
try  and  determine  the  same  in  the  same  manner  as  it  would  have 
been  lawful  for  the  justice  before  whom  the  warrant  was  returnable 
to  have  done. 

Section  103.  It  shall  be  the  duty  of  the  justice  before  whom  any 
person  is  brought  charged  with  the  commission  of  any  offense  under 
this  act,  or  against  any  ordinance,  by-law  regulation  or  resolution  of 
said  city,  to  cause  the  city  attorney  to  be  immediately  notified  of  such 
action,  and  it  shall  be  the  duty  of  the  city  attorney  to  appear  for  and 
on  behalf  of  the  city  therein. 

Section  104.  Except  as  herein  otherwise  provided,  all  the  gen- 
eral laws  of  this  §tate  relating  to  the  trial  and  determination  of  actions 
of  tort  before  justices  of  the  peace,  and  the  proceedings  thereat  shall 
apply  to  the  trial  and  determination  of  actions  for  a violation  of  any 
ordinance,  by-law,  regulation  or  resolution  of  said  city,  and  jurors 
shall  be  demanded,  procured,  summoned  and  sworn  in  all  respects  as 
provided  in  said  general  law  for  the  trial  of  actions  of  tort  before  jus- 
tices of  the  peace. 

Section  105.  From  the  time  of  the  return  of  the  wa  rrant  until 
the  time  of  the  trial,  the  accused  may  give  bail,  with  one  or  more 
sufficient  surities,  for  his  appearance  at  the  time  fixed  for  trial,  or  in 
the  event  of  his  failure  so  to  do,  maybe  committed  to  the  watch-house 
of  the  city  of  Berlin  for  safe-keeping,  by  an  order  of  said  justice,  or  left 
in  custody  of  the  arresting  officer. 

Section  106.  Judgement  shall  be  given,  if  for  the  plaintiff,  for 
the  amount  of  fine,  penalty  or  loifeiture  fixed  by  such  ordinance, 
by-law,  regulation,  resolution,  or  such  part  thereof,  if  a discretion  be 
given,  as  the  court  shall  deem  proportionate  to  the  offense,  together 
with  the  costs  of  suit;  and  shall  in  all  cases,  unless  otherwise  provided 
in  and  by  such  ordinance  further  adjudged  and  order  that  in  default 
of  payment  thereof  the  defendent  be  committed  to  the  common  jail 
of  Green  Lake  county,  for  such  time,  not  exceeding  ninety  days,  as 
the  court  shall  think  fit.  If  such  payment  be  not  forthwith  made, 
the  justice  shall  make  out  a commitment,  stating  the  amount  of  judg- 
ment and  costs,  and  the  time  for  which  committed  and  in  the  usual 
form  of  commitment  by  justices  of  the  peace,  Every  person  so  com- 
mitted shall  oe  received  and  committed  to  jail  by  the  keeper  of  the 
common  jail  of  said  county,  and  kept  at  the  expense  of  said  city  of 
Beilin,  until  the  expiration  of  the  time;  but  he  shall  be  released  by 
order  of  the  justice  on  payment  of  such  fine  and  costs,  ard  all  costs 
subsequent  to  the  judgment,  or  by  due  course  of  law;  provided,  al- 
ways, that  it  shall  be  competent  for  the  justice  to  sentence  any  per- 
son, who  shall  be  convicted  before  him  as  aforesaid,  to  hard  labor  in 


46 


STATUTES  RELATING  TO  THE  MUNICIPAL 


addition  to  imprisonment,  inside  or  outside  such  jail,  but  withia  the 
“jail  limits”  as  established,  and  the  common  council  shall,  by  ordin- 
ance, regulate  the  mode  and  manner  of  performing  such  labor,  and 
the  officer  or  officers  who  shall  control  such  prisoners,  and  the  form  of 
the  commitment  may  be  varied  accordingly. 

Section  107.  Appeals  maybe  taken  to  the  circuit  court  of  Green 
Lake  county  in  the  same  manner  as  from  judgments  in  civil  actions 
before  justice  of  the  peace,  except  that  if  taken  by  the  defendant,  he 
shall,  as  a part  thereof,  execute  a bond  to  said  city,  with  sureties  to 
be  approved  by  the  justice,  conditioned  that  if  judgement  be  af- 
firmed in  whole  or  in  part,  he  will  pay  the  same  and  all  costs  and 
damages  awarded  against  him  on  such  appeal;  and  in  case  such  judg- 
ment shall  be  affirmed  in  whole  or  in  part,  execution  may  issue 
against  both  defendant  and  his  surities;  upon  perfection  of  such  ap- 
peal the  defendant  shall  be  discharged  from  custody. 

Section  108.  Whenever  the  accused,  tried  under  the  provisions 
or  this  act,  either  created  hereby  or  under  any  ordinance,  by-law,  or 
regulation  of  said  city,  shall  be  acquitted,  he  shall  be  immediately 
discharged;  and  if  the  court  before  whom  he  is  tried  shall  certify  in 
his  docket,  that  the  complaint  was  wilful  and  malicious,  and  without 
probable  cause,  it  shall  en‘er  a judgment  against  the  complainant  to 
pay  all  the  costs  that  shall  have  accrued  to  the  court,  to  the  sheriff, 
constable  or  chief  of  police,  the  jury  and  the  fees  of  witnesses  in  the 
proceedings  had  upon  such  complaint;  the  complainant  may  stay 
such  judgment  for  thirty  days  by  giving  satisfactory  security  by  bond 
to  said  city,  with  one  or  more  suieties  to  be  approved  by  the  justice 
conditioned  for  the  payment  of  such  judgment  at  the  expiration  of 
thirty  days;  but  if  the  complainant  shall  neglect  to  give  such  security 
or  shall  neglect  to  pay  such  costs,  then  in  such  case  the  court  before 
whom  the  cause  is  tried,  may  issue  execution  on  said  judgment 
against  the  person  and  property  of  the  complainant  in  the  same  man- 
ner, and  to  the  like  effect  as  is  now  provided  by  law  in  cases  where 
executions  may  issue  against  a defendant  in  actions  founded  in  tort; 
but  the  defendant  in  such  judgment  shall  have  the  right  of  appeal 
therefrom,  in  the  same  manner  provided  in  the  next  preceding  sec- 
tion, and  on  such  appeal  the  case  shall  be  tried  and  determined  by  the 
court  upon  the  records  and  evidence  in  the  case  duly  certified  and 
returned  by  the  magistrate. 

Section  109.  (As  amended  by  chapter  178.  Laws  of  1889) 
Witnesses  shall  attend  in  all  courts;  on  behalf  of  the  city,  in  actions 
where  the  city  is  a party,  without  the  tender  or  payment  to  them  of 
their  fees  in  advance,  upon  subpoena  duly  served  and  on  their  default 
they  may  be  attached  as  now  provided  by  law  for  such  failure. 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


47 


Section  110.  In  all  prosecutions  under  this  chapter  the  finding 
of  the  court  or  jury  shall  be  either  guilty,  or  not  guilty. 

Section  111.  No  person  shall  be  incompetent  judge,  justice, 
witness  or  juror,  by  reason  of  his  being  an  inhabitant  of  said  cicy  in 
any  proceeding  or  action  in  which  the  city  shall  be  a party  in  interest; 
but  if  a justice  or  juror  shall  be  near  of  kin  to  the  defendant  he  shall 
be  disqualified  to  sit  in  any  action. 

Section  112.  All  ordinances,  regulations  or  by-laws  now  in  force 
in  said  city  shall  remain  in  force  until  altered,  modified  or  repealed 
by  the  common  council,  unless  the  same  shall  be  inconsistent  here- 
with. 

Section  113.  All  actions,  rights,  fines,  penalties  and  forfeitures 
in  suit  or  otherwise,  which  have  accumulated  under  the  several  acts 
consolidated  herein  shall  be  vested  in  and  prosecuted  by  the  cor- 
poration hereby  created. 

Section  114.  In  every  action  for  a violation  of  any  ordinance  of 
said  city,  where  the  title  of  land  shall  in  anywise  come  in  question, 
the  defendant,  at  the  time  when  he  is  required  to  join  issue,  and  not 
thereafter,  may  in  his  answer  state  facts  showing  that  the  title  to  land 
will  come  in  question,  which  answer  must  be  in  writing,  signed  by  the 
defendant,  or  his  attorney,  and  delivered  to  the  justice,  who  shall  there- 
upon file  the  same  among  the  papers  in  the  case. 

Section  115.  At  the  time  of  tendering  such  answer,  the  defen- 
dant, with  at  least  one  sufficient  surety,  to  be  approved  by  the  justice, 
shall  enter  into  a bond  with  the  city  of  Berlin,  in  the  penal  sum  of  two 
hundred  dollars,  conditioned,  if  such  plaintiff  shall  prosecute  its  said 
action  in  the  circuit  court,  and  if  judgment  be  rendered  against  the 
defendant  on  his  answer  setting  up  title  in  any  such  court,  he  will  pay 
the  amount  of  such  judgment  with  costs.  If  such  bond  be  not  deliv- 
ered, the  justice  shall  proceed  with  the  case,  and  the  defendant  shall 
be  precluded  in  his  defense  from  all  evidence  drawing  in  question  the 
title  to  lands. 

Section.  116.  Upon  filing  the  answer  and  bond  the  justice  shall 
immediately  make  an  entry  thereof  in  his  docket,  and  cease  all  other 
proceedings  in  the  case;  and  the  defendant  shall  thereupon  be  dis- 
charged from  custody;  and  the  justice  shall  certify  and  return  to  the 
circuit  court  of  Green  Lake  county  a transcript  of  all  the  entries 
made  in  his  docket  relating  to  said  action  together  with  all  process 
and  other  papers  therein,  in  the  same  manner  and  within  the  same 
time  as  upon  an  appeal. 

Section  117.  Upon  filing  the  proceedings  and  papers  in  the  of- 
fice of  clerk  of  court,  the  circuit  court  shall  become  possessed  of  the 
cause,  and  proceed  to  final  judgment  and  execution,  the  same  as  if 


48 


STATUTES  RELATING  TO  THE  MUNICIPAL 


said  action  had  been  originally  commenced  therein,  and  the  costs 
shall  abide  the  event  of  the  action. 

Section  118.  Every  justice  of  the  peace  of  said  city  shall,  quarter 
yearly,  make  and  file  with  the  city  clerk  a verified  statement  of  all 
fines  forfeitures  or  penalities,  imposed  or  collected  by  him,  in  actions 
wherein  the  city  is  a party,  and  shall  at  the  same  time  pay  to  the  city 
treasurer  all  moneys  in  his  hands  arising  from  the  same. 

Section  119.  A printed  copy  of  any  ordinance,  by-laws,  or  res- 
olution, published  in  a newspaper,  or  in  pamphlet  or  book  form,  and 
having  attached  thereto  a certificate  of  the  city  clerk  that  the  same 
was  passed  and  adopted  by  the  common  council  of  said  city,  and 
published  as  herein  provided,  shall  be  prima  facie  evidence  of  its  due 
passage  and  publication,  and  shall  be  received  in  evidence  on  the 
trial  of  all  cases  cognizable  before  any  court  in  this  state. 

CHAPTER  XI. 

PUBLIC  SCHOOLS. 

Section  120.  The  territoiy  within  the  corporate  limits  of  the 
city  of  Berlin,  as  defined  by  this  act,  shall  constitute  one  district  for 
the  better  regulation  and  management  of  the  public  schools  of  said 
City. 

Section  121.  The  said  superintendent  of  schools  shall  be  ex- 
officio  president  of  the  board  of  education,  and  shall  have  a casting 
vote  in  said  board  in  ail  cases  of  a tie,  and  shall  perform  all  the  dut- 
ies, and  shall  have  the  same  rights  at  d powers  within  said  city,  and 
be  subject  to  the  liabilities  as  provided  in  this  act. 

Section  122.  The  t ity  council  of  said  city  may  make  appo;nt- 
ments  of  commissioners  of  common  schools  to  fill  vacancies  which 
may  occur  from  any  cause  other  than  the  expiration  of  the  term  of 
office  of  those  elected.  The  commissioners  so  appointed  shall  hold 
their  office  until  the  next  charter  election. 

Section  123.  ^ny  commissioner  of  common  schools  in  said  city 
may  be  removed  from  office  for  official  misconduct  by  the  city  coun- 
cil thereof,  by  a vote  of  two-thirds  of  the  members  thereof,  but  said 
commissioners  shall  be  granted  a full  and  fair  hearing  betore  removal. 

Section  124.  The  commissioners  of  common  schools  in  said  city 
shall  constitute  a board,  to  be  styled,  the  “board  of  education  of  the 
city  of  Berlin,”  which  shall  be  a corporate  body  in  relation  to  all  the 
powers  and  duties  conferred  on  them  by  virtue  of  this  act.  A major- 
ity of  the  board  shall  forma  quorum.  At  their  first  meeting  after 
each  annual  charter  election,  said  board  shall  elect  one  of  their  num- 
ber president,  who  shall  in  the  absence  of  the  superintendent,  preside 
at  the  meetings  of  said  board,  and  perform  his  duties.  In  the  absence 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


49 


of  both  superintendent  and  president,  a president  pro  tempore  may 
be  appointed.  They  shall  also  elect  a clerk  and  fix  his  compensation. 
The  term  of  office  of  such  clerk  shall  expire  as  that  of  other  appointed 
officers. 

Section  125.  The  clerk  of  said  board  shall  keep  a record  of  the 
proceedings  thereof,  and  perform  such  other  duties  as  the  board  may 
prescribe,  which  record  or  transcript  thereof,  certified  by  the  president 
and  clerk,  shall  be  received  in  all  courts  as  prima  facie  evidence  of 
the  facts  therein  set  forth;  and  such  records,  and  all  the  books  and 
accounts  of  said  board,  shall  at  all  times  be  subject  to  the  inspection 
of  the  city  council  and  of  any  committee  thereof. 

Section  126.  The  city  council  of  the  said  city  shall  have  power 
and  it  shall  be  their  duty  to  raise  from  time  to  time,  by  tax  upon  the 
real  and  personal  estate  in  said  city  which  shpllbe  liable  to  taxation 
for  the  ordinary  city  taxes,  or  for  city  or  county  charges,  in  addition 
to  the  amount  of  school  moneys  now  or  hereafter  appriopriated  of 
provided  by  law  for  common  schools  in  said  city,  such  sums  as  may 
be  determined  and  certified  by  the  said  board  ot  education  to  be 
necessary  or  proper  for  any  or  all  of  the  following  purposes: 

1.  To  purchase,  lea3e  or  improve  sites  for  school-houses. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair 
school-houses,  and  their  out-houses  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  apparatus# 
books,  furniture  and  appendages;  but  the  power  herein  granted  shall 
not  be  deemed  to  include  the  furnishing  of  class  or  text  books  for  any 
scholar  whose  parents  or  guardian  shall  be  able  to  furnish  the  same. 

4.  To  procure  fuel  and  defray  the  contingent  expenses  of  the  com- 
mon schools  and  the  expenses  of  the  district  library  of  said  city, 

5.  To  pay  the  wages  of  teachers  due,  after  the  application  of  the 
public  moneys  which  may  by  law  be  appropriated  and  provided  for 
that  purpose;  provided,  nevertheless,  that  no  tax  shall  be  levied  for 
such  purpose  oftener  than  once  in  each  year;  and  provided,  also, 
that  the  amount  to  be  raised  for  teachers’  wages  and  for  contingent 
expenses  in  any  one  year,  shall  in  no  case  exceed  six  dollars  for  each 
person  that  draws  public  money,  nor  less  than  two  dollars;  that  the 
amount  to  be  raised  in  any  one  year  for  buying  sites  and  erecting  and 
repairing  school-houses  and  the  appurtenances,  shall  not  exceed  one 
thousand  dollars. 

Section  127.  The  city  council  shall  cause  the  tax  or  taxes  herein 
provided  for  to  be  levied  and  collected  annually  on  all  such  real  and 
personal  property,  or  capital  of  any  kind,  within  said  city,  as  is  sub- 
ject to  taxation  by  the  laws  for  levying  taxes  for  the  state  for  the  time 
being;  said  taxes  to  oe  levied  and  collected  in  the  same  manner  as 
usual  taxes  are  levied  and  collected  in  said  city. 


50 


STATUTES  RELATING  TO  THE  MUNICIPAL 


Section  128.  All  moneys  to  be  raised  pursuant  to  the  provisions 
of  this  act,  and  all  school  moneys  by  law  appropriated  to  or  provided 
for  said  city,  shall  be  paid  to  the  treasurer  of  said  city,  who,  together 
with  the  sureties  of  his  official  bond,  shall  be  accountable  therefor,  in 
the  same  manner  as  for  other  moneys  of  said  city.  The  said  treasur- 
er shall  also  be  liable  to  the  same  penalties  for  any  official  miscon- 
duct in  relation  to  the  said  moneys,  as  for  any  similar  misconduct  in 
relation  to  the  other  moneys  of  the  city. 

Section  129.  After  the  passage  of  this  act,  the  treasurer  of  said 
city  shall  not  pay  out  any  moneys  in  his  hands,  received  by  said  city 
either  as  school  moneys,  or  collected  or  received  by  virtue  of  any  of 
the  provisions  of  this  act,  excepting  upon  an  order  drawn  upon  him 
and  signed  by  the  superintendent  and  clerk  of  said  board  of  educa- 
tion, and  no  such  order  shall  be  drawn  except  by  virtue  of  a resolu- 
tion of  the  said  board. 

Section  130.  The  said  board  may  cause  a suit  or  suits  to  be 
prosecuted  in  the  name  of  the  city  of  Berlin,  upon  the  official  bond  of 
the  treasurer,  or  of  any  collector  of  said  city,  for  any  default,  delin- 
quency or  official  misconduct  in  relation  to  the  collection,  safe-keep- 
ing or  payment  of  any  moneys  in  this  section  mentioned. 

Section  131.  The  said  board  shall  have  power,  and  it  shall  be 
their  duty: 

1.  To  establish  and  organize  such  and  so  many  schools  in  said  city 
(including  the  common  schools  now  existing  therein)  as  they  shall 
deem  requ;site  and  expedient,  and  to  alter  and  discontinue  the  same. 

2.  To  purchase  or  hire  school-houses  and  rooms,  and  lots  and  sites 
for  school-houses,  and  to  fence  and  improve  them  as  they  deem 
proper. 

3.  Upon  such  lots,  and  upon  any  sites  now  owned  by  said  city,  to 
build,  enlarge,  alter,  improve  and  repair  school-houses,  as  they  may 
deem  advisable. 

4.  To  purchase,  exchange,  improve  and  repair  school  apparatus, 
books  for  indigent  pupils,  furniture  and  appendages  and  to  provide 
fuel  for  the  schools,  and  defray  their  contingent  expenses,  and  the  ex- 
penses of  the  district  library. 

5.  To  have  the  custody  and  safe-keeping  of  the  school-houses, 
out-houses,  books,  furniture  and  appendages,  and  to  see  that  the  or- 
din.  nces  of  the  city  council  in  relation  thereto,  are  observed. 

6.  To  contract  with  and  employ  all  teachers  in  the  common  schools 
and  the  high  schools,  who  shall  have  been  licensed  by  the  president, 
and  at  their  pleasure  to  remove  them. 

7.  To  pay  the  wages  of  such  teachers  out  of  the  school  moneys 
which  shall  be  appropiiated  and  provided  in  said  city,  so  far  as  the 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


51 


same  shall  be  sufficient,  and  the  residue  thereof  from  the  money  au- 
thorized to  be  raised  for  ttiat  purpose  by  this  act,  by  tax  upon  the 
city. 

8.  To  defray  the  necessary  contingent  expense  of  .the  board. 

9.  To  have  in  all  respects  the  superintendence,  supervision  and 
management  of  the  common  schools  in  said  city,  and  from  time  to 
time  adopt,  alter,  modify  and  repeal  as  they  may  deem  expedient 
rules  and  regulations  for  their  organization,  government  and  instruc- 
tion, for  the  reception  of  pupils,  and  their  transfer  from  one  school  to 
another,  and  generally  for  their  good  order,  prosperity  and  public 
utility. 

10.  Whenever,  in  the  opinion  of  the  board,  it  may  be  advisable  to 
sell  any  of  the  school-houses,  lots  or  sites,  or  any  of  the  school  proper- 
ty now  or  hereafter  belonging  to  the  city,  to  report  the  same  to  the 
city  council . 

11.  To  prepare  and  report  to  the  city  council  such  ordinances  and 
regulations  as  may  be  necessary  or  proper  for  the  protection,  safe* 
keepiog,  care  andfpreservatioa  of  school-houses,  lots  and  sites  and 
appurtenances,  and  all  the  property  belonging  to  the  city  connected 
with  or  appertaining  to  the  schools,  and  to  suggest  proper  penalties 
for  the  violation  of  such  ordinances  and  regulations,  and  annually  de- 
termine and  certify  to  said  city  council  the  sums  in  their  opinion  nec- 
essary or  proper  to  be  raised  under  the  provisions  of  this  act,  specify- 
ing the  sums  required  for  each  of  the  purposes  tnerein  mentioned  and 
the  reason  therefor. 

12.  To  provide  for  the  payment  of  any  adjoining  school  district 
the  proper  amount  to  whicn  it  may  be  entitled  on  account  of  such 
district,  in  whole  or  in  part,  having  been  connected  with  the  territory 
now  included  in  said  city. 

Section  132.  The  said  board  of  education  shall  have  power  to 
allow  the  children  of  persons  not  residents  within  the  city  to  attend 
any  of  the  schools  of  said  city  under  the  care  and  control  of  said 
board,  upon  such  terms  as  such  board  shall  by  resolution  prescribe, 
fixing  the  tuition  that  shall  be  paid  therefor. 

Seciton  133.  It  shall  be  the  duty  )f  said  board  in  all  their  ex- 
penditures and  contracts  to  have  reference  to  the  amount  of  moneys 
that  shall  be  subject  to  their  order  during  the  then  current  year  tor 
the  particular  expenditure  in  question,  and  not  to  exceed  such 
amount. 

Section  134.  The  said  board  of  education  shall  be  trustees  of  the 
district  library  in  said  city,  and  all  the  provisions  of  law  which  are 
now  or  may  hereafter  be  passed  relating  to  district  school  libraries, 
shall  apply  to  the  said  board  in  the  same  manner  as  if  they  were 


52 


STATUTES  RELATING  TO  THE  MUNICIPAL 


trustees  of  an  ordinary  school  district.  They  shall  also  be  vested  with 
the  discretion  as  to  the  disposition  of  the  moneys  appropriated  by 
any  law  of  the  state  for  the  purchase  of  libraries,  which  is  therein 
conferred  upon  the  inhabitants  of  school  districts.  It  shall  be  their 
dutj'  to  provide  a library  room  and  the  necessary  furniture  therefor, 
and  appoint  a librarian,  to  make  all  purchases  of  books  for  the  said 
library,  and  from  time  to  time  exchange  or  cause  to  be  repaired  the 
damaged  books  belonging  thereto. 

Section  135.  It  shall  be  the  duty  of  the  said  board,  at  least  fif- 
teen days  before  the  annual  election  for  commissioners  in  each  year, 
to  prepare  and  report  to  the  city  council  true  and  correct  statements 
of  the  receipts  and  disbursements  of  moneys  under  and  in  pursu- 
ance of  the  provisions  of  this  act  during  the  preceding  year,  in  which 
account  shall  be  stated  under  appropriate  heads: 

1.  The  moneys  received  by  the  city  council  under  the  provisions 
of  this  act. 

2.  The  school  moneys  received  by  the  treasurer  of  the  city  from 

the  county  treasury.  \ 

3.  All  other  moneys  received  by  the  treasurer  subject  to  the  or- 
der of  the  boaid,  specifying  the  sources. 

4.  The  manner  in  which  such  sums  of  money  shall  have  been  ex- 
pended, specifying  the  amount  paid  under  each  head  of  expendit- 
ure; and  the  city  council  shall,  ten  days  before  such  election,  cause 
the  same  to  be  published  in  at  least  one  of  the  newspapers  published 
in  said  city. 

Section  136.  The  said  board  shall  be  subject  from  time  to  time, 
to  the  rules  and  regulations  made  by  the  state  superintendent  of 
common  schools,  so  far  as  the  same  may  be  applicable  to  them,  and 
not  inconsistent  with  the  provisions  of  this  act. 

Section  137.  The  superintendent  of  schools  shall  be  the  execu- 
tive officer  of  the  board  of  education,  shall  examine  all  teachers  mak- 
ing applications  for  schools,  [examinations  to  be  public  and  in  the 
presence  of  the  board],  shall  grant  certificates  to  such  persons  so  ex- 
amined as  shall  be  deemed  by  him  and  a majority  of  the  board  suita- 
bly qualified,  and  shall  carry  into  effect  the  ordinances  of  the  com- 
mon council,  and  the  rules  and  regulations  of  the  board  in  reference 
to  the  common  schools.  He  shall  also  be  specially  charged  with  the 
care  and  ^custody  of  the  several  school-houses  of  the  city,  and  under 
the  direction  of  the  board  shall  superintend  the  building,  enlarging, 
improving,  furnishing  and  repairing  of  all  tiie  school-houses  ordered 
to  be  erected  by  them  and  making  all  repairs  and  improvements  on 
and  around  the  same.  In  addition  to  the  foregoing  duties  he  shall 
visit  the  common  schools  of  the  city  at  least  twice  during  each  term 
and  report  their  condition  to  the  board,  with  such  suggestions  for 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


53 


their  improvement  as  he  may  deem  proper.  He  shall  also  perform 
such  other  duties  with  respect  to  such  schools  as  the  board  may 
assign  him.  The  amount  of  his  compensation  shall  be  determined 
by  the  city  council  and  the  manner  of  its  payment. 

Section  138.  It  shall  be  the  duty  of  the  superintendent  between 
the  first  and  fifteenth  Jays  of  October,  in  each  year,  to  make  and 
transmit  to  the  clerk  of  the  board  of  supervisors  of  the  county,  a re- 
port in  writing,  bearing  the  date  on  the  first  day  of  October,  in  the 
year  of  its  transmission,  stating: 

1.  The  number  of  schools  taught  within  the  city,  and  the  length  of 
time  they  have  been  taught  by  qualified  teachers. 

2.  The  total  amount  of  public  money  received  for  the  use  and 
benefit  of  such  schools. 

3.  The  number  of  children  taught  in  the  common  schools  of  the 
city,  and  the  number  of  children  residing  in  the  city  over  the  age  of 
four  and  under  the  age  of  twenty  years. 

4.  The  manner  in  which  the  public  moneys  have  been  expended, 
whether  any,  and  what  part  remains  unexpended,  and  for  what  cause. 

5.  The  amount  of  money  raised  in  the  city  and  paid  for  teachers’ 
wages,  in  addition  to  the  public  money  raised  therefor;  the  amount 
of  taxes  raised  for  the  purchase  of  school  house  sites  for  building,  hir- 
ing, purchasing,  repairing  and  insuring  school-houses,  for  fuel,  for 
district  libraries,  or  for  any  purpose  allowed  by  law  in  said  city,  since 
the  date  of  the  last  preceding  report,  with  such  ether  information  as 
the  state  superintendent  may  from  time  to  time  require. 

Section  139.  The  city  council  of  said  city  shall  have  the  power, 
and  it  shall  be  their  duty  to  pass  such  ordinances  and  regulations  as 
the  board  of  education  may  report  as  necessary  and  proper  for  the 
protection,  safe-keeping,  care  and  preservation  of  the  school-houses, 
lots,  sites  and  appurtenances  and  all  necessary  property  belonging  to 
and  connected  with  the  schools  in  said  city,  and  to  impose  proper 
penalties  for  the  violation  thereof,  subject  to  the  restrictions  and  lim- 
itations contained  in  the  act  of  incorporation  of  said  city;  and  all 
such  penalties  shall  be  collected  in  the  same  manner  that  the  penal- 
ties for  a violation  of  the  city  ordinances  are  by  law  collected,  and 
when  collected  shall  be  paid  to  the  treasurei  of  the  city,  and  be  sub- 
ject to  the  order  of  the  board  of  education,  in  the  same  manner  as 
other  moneys  raised  pursuant  to  the  provisions  of  this  act. 

Section  140.  Whenever  the  said  board  shall  report  to  the  city 
council  that  it  is  advisable  to  sell  any  of  the  school-houses,  lots  or 
sites,  or  any  of  the  school  property  now  or  hereafter  belonging  to  the 
city,  it  shall  be  the  duty  of  the  city  council  to  sell  the  same  without 
unreasonable  delay,  and  upon  such  terms  as  the  city  council  may 


54 


STATUTES  RELATING  TO  THE  MUNICIPAL 


deem  adyisable.  The  proceeds  of  all  such  sales  shall  be  paid  to  the 
city  treasurer  and  shall  be  subject  to  the  order  of  said  board,  to  be  ex- 
pended by  them  in  purchase,  leasing,  repairs  or  improvements  of 
other  school-houses,  lots,  school  furniture,  apparatus  or  appurten- 
ances. 

Section  141.  The  title  ot  the  school-houses,  sites,  lots,  furniture, 
books,  apparatus  and  appurtenances,  and  all  other  property  in  this 
act  mentioned,  shall  be  vested  in  the  city  of  Berlin,  and  the  same 
while  used  or  appropriated  for  school  purposes,  shall  not  be  levied 
upon  or  sold  by  virtue  of  any  warrant  or  execution,  nor  be  subject  to 
taxation  for  any  purpose  whatever;  and  the  said  city  in  its  corporate 
capacity  shall  be  able  to  take,  hold  and  dispose  of  any  real  or  person- 
al estate  transferred  to  it  by  gift,  grant,  bequest  or  devise,  for  the  use 
of  the  common  schools  of  said  city,  by  its  proper  style,  or  by  any  oth- 
er designation,  or  to  any  person  or  persons,  or  body,  for  the  use  of 
said  schools. 

Section  142.  All  moneys  required  to  be  raised  by  virtue  of  this 
act,  on  being  raised  as  herein  provided,  shall  be  held  by  the  treasurer 
of  said  city,  and  by  him  placed  to  the  credit  of  said  board  of  educa- 
tion, and  shall  be  drawn  out  in  pursuance  of  resolution  or  resolutions 
of  said  board,  by  drafts  drawn  by  the  superintendent  and  counter- 
signed by  the  clerk  of  said  board,  payable  to  the  person  or  persons 
entitled  to  receive  such  moneys;  and  the  s aid  treasurer  shall  Keep 
the  funds  authorized  by  this  act  to  be  received  by  him,  separate  and 
distinct  from  any  other  fund  that  he  is  or  may  by  law  be  authorized 
to  receive. 

Section  143.  No  person  in  the  city  of  Berlin  engaged  in  teaching 
any  of  the  schools  of  said  city,  shall  be  eligible  to  the  office  of  com- 
missioner of  common  schools  in  said  city,  and  no  member  of  the 
board  of  education  shall  be  employed  to  teach  any  of  tne  schools  of 
said  city. 

Section  144.  All  accounts  and  demands  against  the  school  fund 
of  said  city,  except  salaries  and  amounts  previously  fixed  by  resolu- 
tion of  the  board  of  education,  shall  before  the  same  shall  be  allowed 
by  the  board  of  education  be  verified  by  the  affidavit  of  the  claimant 
or  his  agent,  and  any  person  who  shall  swear  falsely  in  any  such  affi- 
davit shall  be  deemed  guilty  of  perjury,  and  shall  be  punished  there- 
for as  provided  by  law  for  that  offense.  The  determination  of  the 
board  of  education  disallowing  any  claim,  in  whole  or  in  part,  shall  be 
final  and  conclusive,  and  a perpetual  bar  to  any  action  in  any  court 
founded  upon  such  claim,  except  that  the  person  preferring  such 
claim  may  appeal  from  the  decision  of  said  board  of  education  to  the 
circuit  court  of  Green  Lake  county  within  the  time,  and  in  the  same 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


55 


manner  provided  In  sections  44  and  45  of  this  act,  as  to  appeals  from 
the  determination  of  the  common  council,  except  that  the  notice  of 
appeal  and  bond  shall  be  served  upon  and  approved  by  the  superin- 
tendent of  schools,  and  the  return  on  appeal  shall  be  made  and  certi- 
fied by  the  clerk  of  the  board  of  education,  and  the  terms  and  pro- 
visions of  section  47,  of  this  act  shall  be  held  to  extend  to  claims  pre- 
sented to  the  board  of  education,  and  filed  with  the  clerk  thereof. 

CHAPTER  XII. 

MISCELLANEOUS. 

Section  145.  The  officers  whose  duties  appertain  to  school  mat- 
ters, mention  whereof  is  made  in  this  act,  are  declared  to  be  the  su- 
perintendent of  public  schools,  and  school  commissioners,  and  no 
other  officers. 

Section  146.  If  any  officer  of  said  city  shall  for  ten  days  after 
the  expiration  of  his  term  of  office,  and  demand  being  of  him  made 
therefor,  neglect  or  refuse  to  deliver  to  his  successor  in  office,  all 
books,  property,  papers,  and  effects  of  every  description  in  his  pos- 
session belonging  to  the  city, or  pertaining  to  the  office  which  he  may 
have  held,  he  shall  forfeit  and  pay  to  said  city  the  sum  of  one  hun- 
dred dollars,  besides  all  damages  caused  by  his  neglect  or  refusal  so  to 
deliver;  and  such  successor  may  recover  the  possession  of  such  books, 
papers,  and  other  effects,  in  an  action  in  his  own  name  as  provided 
by  the  general  laws  of  this  state  in  relation  to  actions  of  replevin. 

Section  147.  The  salaries  of  all  officers  of  said  city  whose  com- 
pensation is  not  herein  provided  for,  shall  be  fixed  by  the  common 
council;  provided,  however,  that  no  school  commissioner  or  alderman, 
shall  receive  any  compensation  except  as  herein  allowed. 

Section  148.  The  officers  of  said  city  shall  qualify  by  taking  and 
filing  with  the  city  clerk  an  o ith  to  support  the  constitution  of  the 
United  States,  and  of  the  state  of  Wisconsin,  and  faithfully  to  dis- 
charge the  duties  of  the  office  to  which  he  is  elected,  or  appointed, 
and  by  filing  a bond  if  any  bond  is  required  to  be  given. 

Section  149.  The  real  and  personal  property  belonging  to  said 
city  shall  always  be  exempt  from  seizure  or  sale  on  execution  against 
the  city,  and  no  real  or  personal  property  of  any  inhabitant  of  said  city, 
or  of  any  individual  or  corporation,  shall  be  levied  upon  and  sold  by 
virtue  of  any  execution  issued  to  satisfy  or  collect  any  debt,  obligation 
or  contract  of  the  city. 

Section  150.  The  general  laws  of  the  state  for  the  preservation  of 
bridges  and  the  punishment  of  all  persons  for  wilful  or  maliciousin  jur- 
ies thereto  are  hereby  extended  to  and  shall  include  all  the  bridges  in 
said  city.  And  the  city  may  maintain  on  action  against  any  boat  or 


56 


STATUTES  RELATING  TO  THE  MUNICIPAL 


watercraft  under  the  law,  to  provide  for  the  collect' on  of  demands 
against  boats  and  vessels,  for  the  damage  done  to  any  bridges  of  said 
city,  by  any  such  boat  or  watercraft,  or  the  captain  or  master  in  com- 
mand thereof. 

Section  151.  The  said  city  may  lease,  purchase  and  hold,  real 
or  personal  estate  sufficient  for  the  convenience  of  the  inhabitants 
thereof,  and  may  sell  and  convey  the  same,  and  they  shall  be  free 
from  taxation  while  owned  by  the  city. 

Section  152.  Any  alderman  or  school  commissioner,  who  shall 
wilfully  vote  for  any  appropriation,  or  for  the  expenditure  or  payment 
of  any  money,  not  authorized  by  law,  or  for  the  levying  of  a larger 
tax  than  herein  authorized,  or  the  mayor,  or  superintend*  nt  of  schools, 
voting  for  any  such  appropriation,  expenditure  or  tax  levy,  or  for  the 
contracting  of  any  such  debts  shall  be  personally  liable  to  the  city  of 
Berlin  for  all  damages  the  city  may  sustain  in  consequence  of  such 
illegal  appropriation,  payment,  expenditure  or  tax  levy. 

Section  153.  No  general  law  of  this  state  contravening  the  pro- 
visions of  this  act,  shall  be  considered  as  repealing,  annulling  or  mod- 
ifying the  same,  unless  such  purpose  be  expressly  set  forth  in  such 
law,  as  an  amendment  to  this  act. 

Section  154.  Bridges  shall  be  maintained,  supported  and  built 
across  Fox  river  in  said  city,  where  the  same  may  be  necessary  or 
convenient,  at  the  expense  of  the  city. 

Section  155.  This  act  is  declared  to  be  a public  act,  and  shall  be 
liberally  construed  in  all  courts. 

Section  156.  No  person  shall  be  entitled  to  have  any  action  or 
claim  against  said  city  on  account  of  any  damage  which  shall  happen 
to  his  person  or  property  by  reason  of  the  insufficiency  or  want  of  re- 
pairs of  any  bridge,  sluiceway,  street,  alley  or  sidewalk,  unless  such 
person  shall  within  ninety  days  after  the  happening  of  the  event  caus- 
ing such  damage,  make  and  serve,  by  himself,  his  attorney  or  agent, 
a notice  in  writing,  upon  the  mayor  and  city  clerk  of  said  city,  stating 
the  place  where  and  the  time  such  damage  occurred,  and  describing 
generally  the  insufficiency  or  want  of  repair  which  occasioned  it,  and 
that  damage  is  claimed  of  said  city  therefor. 

Section  157.  All  city  orders  lawfully  issued  to  any  person,  which 
shall  be  presented  to  the  city  treasurer  for  payment  and  payment 
thereof  shall  be  refused,  shall  bear  interest  at  the  rate  of  six  percent, 
per  annum  from  the  time  when  so  presented,  and  the  owner  thereof 
may  bring  an  action  against  said  city  thereon,  by  summons  as  pro- 
vided by  the  general  laws  of  this  state  in  regard  to  actions  against 
cities. 

Section  158.  (As  amended  by  Chap.  857,  Laws  1889.)  The  com- 


GOVERNMENT  OF  THE  CITY  OF  BERLIN. 


57 


mon  council  shall  have  power  to  expend  not  to  exceed  the  sum  of  five 
hundred  dollars  in  any  one  year  in  building  or  repairing  any  of  the 
highways  leading  into  the  city,,  at  any  point  outside  of  the  city;  pro- 
vided, that  not  less  than  two-thirds  of  all  the  aldermen  of  said  city 
shall  be  of  opinion  that  the  same  will  tend  to  the  advantage  of  said 
city,  and  shall  consent  thereto;  and  provided  further,  that  all  votes 
to  appropriate  money  to  be  expended  as  provided  by  this  section,  shall 
be  taken  by  the  yeas  and  nays,  to  be  entered  upon  the  record.  And 
provided,  further,  that  any  member  of  said  common  council  may  de- 
mand the  call  of  the  yeas  and  nays  on  any  vote  to  be  taken  by  said 
council,  and  upon  such  demand  being  made,  the  clerk  shall  call  the 
roll  of  the  members  of  said  council,  and  the  vote  thus  taken  shall  be 
entered  on  the  record  of  proceedings. 

Section  159.  All  acts  incorporating  the  city  of  Berlin,  or  amend- 
atory thereof,  are  hereby  repealed;  and  all  acts  and  parts  of  acts  in- 
consistent or  conflicting  with  the  provisions  of  this  act,  are  hereby  re- 
pealed; but  the  repeal  of  said  acts  and  parts  of  acts  shall  not  in  any 
manner  affeci,  injure,  or  invalidate  any  contract,  acts,  suits,  claims, 
or  demands  that  may  have  been  entered  into,  performed, commenced, 
or  that  may  exist  under,  or  by  virtue,  or  in  pursuance  of  said  acts,  or 
any  of  them,  but  the  same  shall  exist,  and  be  in  force,  and  be  car- 
ried out  as  fully  and  effectually  to  all  intents  and  purposes  as  if  this 
act  had  not  been  passed. 

Section  160.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  publication. 

Approved  April  11,  1887. 


AN  ORDINANCE 


For  Revising  and  Consolodating  the  General  Ordinances 
of  the  City  of  Berlin. 


Whereas,  It  is  expedient  that  the  general  ordinances  of  the 
city  of  Berlin  should  be  consolidated  and  arranged  in  appropriate 
chapters,  articles,  and  sections;  that  ommissions  should  be  supplied 
and  defects  amended,  and  that  the  whole  should  be  rendered  plain, 
concise  and  intelligible;  Therefore, 

The  Mayor  and  the  Common  Council  of  the  city  of  Berlin  do  ordain 
as  follows: 

CHAPTER  I. — THE  MAYOR. 

Section  161.  The  Mayor  shall  keep  his  office  at  such  place  in  the 
city,  as  may  be  provided  by  the  Common  Council.  He  shall  sign  all 
commissions  and  permits  granted  by  the  authority  of  the  Common 
Council  except  as  otherwise  provided.  And  such  other  acts  as  by  law 
or  ordinance  may  require  his  certificate. 

Sec.  162.  The  Mayor  shall  grant  licenses  for  the  purposes  au- 
thorized by  this  ordinance  to  such  persons  as  shall  be  duly  qualified 
according  to  the  ordinances  of  the  Common  Council,  as  he  may  deem 
proper,  unless  the  Common  Council  shall  otherwise  designate,  and 
may  revoke  the  same  at  pleasure. 

Sec.  163.  The  Mayor  shall  supervise  the  conduct  of  all  the 
officers  of  the  city,  except  judicial  officers;  examine  the  grounds  of 
all  reasonable  complaint  made  against  any  of  them,  and  cause  all 
their  violations  of  duty  and  other  neglects  to  be  promptly  punished  or 
reported  to  the  Common  Council  for  punishment. 

CHAPTER  II.— LEGISLATIVE  DEPARTMENT. 

ARTICLE  I. — THE  COMMON  COUNCIL- 

Section  164.  Every  committee  of  the  Common  Council  in  re- 
porting upon  a subject  referred  to  them  must  attach  to  their  report 


60 


ORDINANCES  OF  THE 


all  resolutions,  petitions,  remonstrances  and  other  papers  in  their  pos- 
session relative  to  the  matter  referred. 

ARTICLE  II. 

Section  165.  The  City  Clerk  shall  in  addition  to  the  duties  now 
imposed  upon  him  by  law,  perform  the  following  duties: 

1.  He  shall  issue  notices  to  the  members  of  the  Common  Council 
when  directed  by  that  body;  to  the  members  of  the  different  commit- 
tees of  that  body,  and  to  all  persons  whose  attendance  will  be  re- 
quired before  any  such  committee,  when  directed  by  the  chairman 
or  by  a majority  of  such  committee  and  shall  also  issue  notices  of 
special  meetings. 

2.  He  shall  attest  all  licenses  and  permits  granted  ny  the  Mayor 
or  Common  Council,  under  the  ordinances  of  the  city. 

3.  He  shall  without  delay,  deliver  to  the  officers  of  the  corpora, 
tion,  and  to  all  committees  of  the  Common  Council,  all  resolutions 
and  communications  referred  to  those  officers  or  committees  by  that 
body. 

4 He  shall,  without  delay,  deliver  to  the  Mayor  all  ordinances 
or  resolutions  under  his  charge,  which  may  require  to  be  approved  or 
otherwise  acted  upon  by  the  Mayor,  with  all  papers  on  which  the 
same  were  founded. 

CHAPTER  III.— DEPARTMENT  OF  PUBLIC  WORKS. 

THE  CITY  SURVEYOR. 

Section  166.  The  City  Surveyor  shall  perform  such  duties  as  may 
be  required  of  him  by  the  Mayor,  or  the  Common  Council,  or  by  the 
ordinances  of  the  city. 

Sec.  167.  He  shall  perform  all  such  services  in  the  prosecu- 
tion of  public  improvements,  as  may  require  the  skill  and  experience 
of  a civil  engineer. 

Sec.  168.  He  shall  have  charge  of  the  construction  and  re- 
pairing of  all  bridges,  viaducts  and  water  works,  and  shall  superintend 
the  laying  of  all  main  and  supply  water  pipes. 

ARTICLE  II. — THE  STREET  COMMISSIONER. 

Section  169.  The  Street  Commissioner  shall  perform  such  duties 
as  may  be  required  by  the  Common  Council,  or  by  the  committee  of 
the  Common  Council  on  streets  and  alleys,  or  such  further  duties  as 
may  be  provided  by  the  ordinances  of  said  city. 

CHAPTER  IV. 

ARTICLE  I. — CHIEF  OF  POLICE. 

Section  170.  The  Chief  of  Police  shall  devote  his  whole  time  to 
the  municipal  affairs  of  the  City  of  Berlin,  to  preserve  the  peace,  or- 
der, safety,  and  cleanliness  thereof,  and  to  this  end  he  shall  execute 


CITY  OF  BERLIN, 


61 


and  enforce  all  ordinances  and  orders  of  the  City  Council,  and  the 
orders  of  the  Mayor. 

Sec.  171.  He  shall  be  charged  with  the  duty  of  protecting  the 
rights  of  persons  and  property,  and  shall  under  the  direction  of  the 
Mayor  have  command  of  all  Policeman  of  the  City,  and  he  shall  see 
that  all  ordinances  of  the  City  or  orders  of  the  Council,  or  of  the 
Mayor,  are  enforced,  and  whenever  any  violation  of  the  same  shall 
come  to  his  knowledge  he  shall  notify  the  City  Attorney  thereof,  and 
shall  attend  to  the  procuring  of  evidence  of  such  violation,  and  shall 
report  the  same  to  the  City  Attorney. 

Sec.  172.  He  shall  attend  all  meetings  of  the  Common  Council, 
and  shall  «erve  all  notices  required  to  be  served  upon  any  Alderman, 
or  upon  any  other  person  by  reason  of  the  order  of  the  Common 
Council,  unless  otherwise  provided  by  this  or  some  other  ordinance. 

Sec.  173.  He  shall  collect  all  fines  imposed  by  any  ordinance 
of  the  city,  and  enforce  the  payment  of  all  moneys  due  on  account  of 
any  license  required  by  the  ordinances  or  by  the  laws  of  this  state. 

Sec.  174.  He  shall  cause  all  persons  who  are  guilty  of  a vio- 
lation in  this  city  of  any  law  of  this  state,  or  ordinance  of  this  city,  to 
be  prosecuted  before  some  court  having  jurisdiction  cf  such  offense* 

ARTICLE  II  — POLICE  DEPARTMENT. 

Section  175.  The  several  members  of  the  police  force  of  the  city 
of  Berlin  when  on  duty  shall  devote  iheir  time  and  attention  to  the 
discharge  of  the  duties  imposed  upon  them  by  the  ordinances  of  this 
city  and  the  laws  of  this  state,  and  the  rules  and  regulations  prescribed 
for  their  conduct  and  government  by  the  Mayor,  or  Chief  of  Police 
with  the  approval  of  the  Mayor  and  it  shall  be  their  duty,  to  the  best 
ot  their  ability,  to  preserve  order,  peace  and  quiet,  and  enforce  the 
laws  and  ordinances  throughout  the  city. 

Sec.  176.  They  shall  have  power  to  arrest  all  persons  in  the 
city  found  in  the  act  of  violating  any  law,  or  ordinance,  or  aiding  or 
abetting  any  such  violation,  and  shall  take  all  persons  so  arrested  be- 
fore some  magistrate  of  this  City  to  be  dealt  with  according  to  law. 

Sec.  177.  Any  Policeman  of  this  city  who  shall  neglect,  or  re- 
fuse to  perform  any  duty  required  of  him  by  the  ordinances  of  the 
city,  or  the  rules  and  regulation  established  by  the  Mayor  or  chief  of 
police  with  the  approval  of  the  Mayor,  or  who  shall  be  guilty  of  any 
fraud,  extortion,  oppression,  favoritism  or  willful  wrong  or  injustice  in 
the  discharge  of  his  official  duties,  shall  pay  a fine  of  not  less  than  five 
dollars,  and  not  more  than  one  hundred  dollars  for  each  offense. 

Sec.  178.  The  Mayor  and  any  Alderman,  or  Policeman  of  the 
city,  shall  v>ave  free  access  at  all  times  (and  without  paying  any  en- 
trance tee)  to  all  theaters  and  other  public  places  within  this  city 
where  people  shall  convene  or  assemble  in  a public  manner,  for  any 


62 


ORDINANCES  OF  THE 


entertainment,  or  otherwise,  and  it  snail  be  the  duty  of  any  such  of- 
ficer to  preserve  peace  and  good  order  in  any  such  place  where  he 
may  be. 

Sec.  179.  Any  person  who  shall  in  this  city,  resist  any  police  of- 
ficer while  in  the  discharge  of  his  duty,  or  who  shall  in  any  way  in- 
terfere with,  or  hinder,  or  prevent  him  from  discharging  his  duty,  as 
such  officer,  or  who  shall  offer  or  endeavor  to  do  so,  or  who  shall,  in 
any  manner,  assist  any  person  in  custody  of  any  police  officer  to 
escape,  or  attempt  to  escape,  from  such  custody,  or  attempt  to  rescue 
any  person  in  custody,  shall  pay  a fine  of  not  less  than  five  dollars 
and  not  more  than  one  hundred  dollars  for  each  offense. 

Sec.  180.  Hackmen,  cabmen,  omnibus  drivers,  draymen,  port- 
ers, runners  and  other  persons  when  at  or  about  any  railroad  depot, 
or  station,  or  steam  boat  landing,  or  other  public  place  in  the  city 
shall  obey  the  commands  and  directions  of  the  police  officer,  or  of- 
ficers who  may  be  stationed  or  doing  duty  on  or  about  such  depots> 
landings,  or  other  public  places,  for  the  preservation  of  order  and  the 
enforcing  the  ordinances.  Whoever  shall  refuse  to  obey  the  com- 
mands and  directions  ot  the  police  officers  as  aforesaid,  shall  pay  a 
fine  of  not  less  than  one  dollar  and  not  more  than  ten  dollars  for  each 
offense. 

CHAPTER  V. 

ARTICLE  I. — ORDINANCES. 

Section  181.  Every  ordinance  shall  be  engrossed  by  the  City 
Clerk  before  the  vote  is  taken  on  its  final  passage,  unless  otherwise 
ordered  by  three  fourths  of  all  the  Aldermen  elected. 

Sec.  182.  All  ordinances  passed  by  the  Common  Council  shall 
be  recorded  by  the  City  Clerk  in  proper  books  with  indexes.  The 
original  shall  be  filed  in  the  Clerk's  office  and  be  preserved  by  him 
and  due  proof  of  the  publication  of  all  orvlinances  shall  be  procured 
by  the  Clerk,  and  filed  in  his  office,  to  be  preserved  therein. 

Sec.  183.  In  all  cases  where  the  same  offenses  may  be  made 
punishable  or  shall  be  created  by  different  clauses  orsections  of  the  or- 
dinances of  the  city,  the  City  Attorney  may  elect  under  which  to  pro 
ceed;  but  not  more  than  one  recovery  shall  be  had  against  the  same 
person  for  the  same  offense. 

Sec.  184.  Whenever  in  this,  or  in  any  ordinance  hereafter 
passed,  a minimum  but  no  maximum  penalty  is  imposed,  the  Court 
may,  in  its  discretion,  adjudge  the  offender  or  offenders  to  pay  any  sum 
of  money  exceeding  the  minimum  fine  or  penalty  so  fixed,  not  exceeding 
the  sum  of  one  hundred  dollars. 

Sec  185  When  any  ordinance  repealing  a former  ordinance, 
clause,  or  provision,  shall  be  itself  repealed,  such  repeal  shall  not  re- 


CITY  OF  BERLIN. 


63 

vive  such  former  ordinance,  clause  or  provision,  unless  it  shall  be  therein 
so  expressly  provided. 

Sec.  186.  Whenever  any  words  in  any  ordinance  importing  the 
plural  number  shall  be  used  in  describing,  or  referring  to  any  matters 
parties  or  persons,  any  single  matter,  party  or  person,  shall  be  deemed 
to  be  included  although  distributive  words  may  not  be  used.  Ard 
when  any  subject  matter,  party  or  person,  shall  be  referred  to  in  any 
ordinance,  by  words  importing  the  singular  number  only,,  or  the 
masculine  gender,  several  matters,  parties  or  persons,  and  females  as 
well  as  males  and  bodies  corporate  shall  be  deemed  to  be  included; 
provided,  that  these  rules  of  construction  shall  not  be  applied  to  any 
ordinance  which  shall  contain  any  express  provision  excluding  such 
construction,  or  where  the  subject  matter  or  context  of  such  or" 
dinance  may  be  repugnant  thereto. 

Sec.  187.  Whenever  in  any  ordinance  the  doing  of  any  act  or 
the  ommission  to  do  any  act  or  duty  is  required,  imposed  or  com- 
manded and  there  shall  be  no  fine  or  penalty  declared  for  a violation 
thereof,  any  person  who  shall  be  convicted  of  any  violation  of  the 
same,  shall  pay  a fine  of  not  less  than  one  dollar  or  more  than  one 
hundred  dollars. 

Sec.  188.  Wherever  in  this  or  any  ordinance  of  the  city  a max- 
imum and  minimum  fine  or  penalty  is  proyided  for  a breach  thereof 
the  Court  or  Magistrate  before  whom  any  offender  or  offenders  shall  be 
convicted  shall  impose  a fine  of  not  less  than  the  minimun  fine  or 
penalty  and  not  more  than  the  maximum  fine  or  penalty  fixed,  in 
he  discretion  of  such  Court  or  Magistrate. 

Sec.  189.  When  a fine  is  imposed  for  any  offense  under  this  or- 
dinance or  any  ordinance  of  this  city  the  Court  shali  also  adjudge  the 
person  or  persons  con  victed  to  pay  the  costs  of  prosecution  in  all 
cases,  and  shall  also  adjudge  that  upon  default  of  payment  of  such 
fine  and  costs,  the  person  or  persons  convicted  shall  be  committed  to 
and  imprisoned  in  the  watch  house,  or  lock  up,  of  the  city  of  Berlin 
until  such  fine  and  costs  are  paid  or  discharged;  but  the  Court  shall 
limit  the  time  of  such  imprisonment  in  each  case  in  its  discretion,  in 
no  case  however  to  exceed  ninety  days,  and  whenever  a shorter  time 
of  imprisonment  shall  be  prescribed  for  any  offense  not  to  exceed  the 
period  so  prescribed;  and  the  Justice  or  Court  before  whom  such  per- 
son is  convicted  may  also  sentence  such  person  to  hard  labor  during 
the  term  of  such  imprisonment. 

Sec.  190.  Any  person  sentenced  to  imprisonment  at  hard  labor 
for  a violation  of  any  ordinance  of  this  city  shall  during  the  term  of 
such  imprisonment  do  such  labor  as  shall  be  required  of  him  by  the 
Chief  of  Police  in  this  city  and  he  shall  be  allowed  the  sum  of  fifty 


64 


ORDINANCES  OF  THE 


cents  per  day  for  each  and  every  day  he  shall  labor  as  aforesaid  to  be 
applied  in  payment  of  such  fine  and  costs,  and  when  his  allowence  at 
that  rate  for  such  labor  shall  equal  such  fine  and  costs  he  shall  be 
discharged. 

Sec.  191.  Any  person  imprisoned  at  hard  labor,  who  shall  refuse 
to  perform  the  labor  required  of  him  by  the  Chief  of  Police,  or  who 
shall  escape,  or  attempt  to  escape  from  such  imprisonment,  before  he 
shall  be  lawfully  discharged,  shall  pay  a fine  of  not  less  than  one 
dollar,  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  192.  Any  person  sentenced  to  imprisonment  for  failure  to  pay 
any  fine  and  costs  imposed  upon  him  for  a violation  of  any  ordinance 
of  the  city,  may  be  released  before  the  end  of  his  term  of  imprison, 
ment,  upon  the  written  order  of  the  Mayor  to  the  Chief  of  Police,  or 
person  having  charge  of  the  city  lock-up,  directing  such  person  to  be 
released;  and  it  shall  be  the  duty  of  the  person  to  whom  such  order 
shall  have  been  given  to  forthwith  file  the  same  with  the  City  Clerk  to 
be  laid  before  the  Common  Council,  and  the  same  shall  be  laid  before 
such  Council  at  the  next  meeting  thereafter. 

CHAPT  R VI.— MISCELLANEOUS  ORDINANCES. 

ARTICLE  I — AUCTIONS  AND  AUCTIONEERS. 

Section  193.  No  person  shall  sell  any  goods,  wares,  merchandise, 
or  other  thing  whatever  at  auction  in  an}  place  in  this  city  (unless 
exempt  from  obtaining  an  auctioneer’s  license  by  the  laws  of  this 
state)  unless  license  therefor  be  first  obtained  by  him  from  the  Mayor, 
as  hereinafter  provided. 

Sec.  194.  Every  person  who  may  wish  to  obtain  a license  to  sell 
any  such  goods,  wares,  or  merchandise  at  auction  shall  apply  in  writ- 
ing for  the  same,  to  the  Mayor,  setting  forth  therein,  his  proposed 
place  of  business,  and  the  names  of  his  sureties,  and  in  no  case  shall 
such  license  be  transferable,  or  the  place  of  business  changed,  without 
the  consent,  in  writing,  of  the  Mayor. 

Sec.  195.  License  may  be  granted  by  the  Mayor,  to  any  person 
who  shall  apply  to  him  therefor,  to  sell  goods,  wares,  merchandise  at 
auction,  in  this  City,  upon  payment  into  the  city  treasury  of  the  sum 
of  ten  dollars,  for  each  day  for  which  such  license  is  granted,  and  the 
execution  and  delivery  to  the  Mayor,  of  a bond,  executed  by  such  ap- 
plicant and  sureties,  to  be  approved  by  the  Mayor,  conditioned  for  the 
payment  by  such  applicant  of  the  precentages  on  the  gross  amount  of 
sales  hereinafter  mentioned,  such  applicant  or  licensee,  shall,  at  the 
close  of  each  day,  make  a full  report  of  all  sales  made  during  said 
day,  verified  by  his  affidavit,  and  forthwith  file  the  same  with  the 
City  Clerk,  and  such  licensee  shall,  in  addition  to  the  license  fee  paid 


CITY  OF  BERLIN. 


65 


each  day,  also  pay  to  the  City  Treasurer  ten  per  centum  of  the  gross 
amount  of  money  received  from  sales  made  by  him  which  sum  shall 
be  paid  to  the  Treasurer  at  the  close  of  each  day. 

Sec.  196.  Every  such  license  shall  cease  and  be  null  and  void  in 
case  such  licensee  shall  fail  to  pay  said  license  fee  each  day  in  ad- 
vance, or  in  case  he  shall  neglect  or  fail  to  make  and  file  such  report 
of  sales  and  pay  into  the  city  treasurer  ten  per  centum  of  the  gross 
amount  of  the  money  received  from  sales,  at  the  close  of  each  day,  or 
by  nine  o’clock  on  the  day  next  following.  Provided  that  the  Mayor 
may  grant  license  to  any  such  applicant  to  sell  goods,  wares,  and  mer- 
chandise at  auction  for  one  year  upon  payment  into  the  city  treasury 
of  not  less  than  one  hundred  dollars  nor  more  than  three  hundred 
dollars  in  the  discretion  of  the  Mayor  and  the  execution  of  the  bond 
hereinbefore  required  but  such  licensee  shall  be  required  to  make  the 
same  daily  report  and  pay  into  the  city  treasury  the  same  precentages 
as  required  herein  of  other  auctioneers. 

Sec.  197.  Any  person  violating  any  provision  of  this  article 
shall  be  punished  by  a fine  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars,  besides  the  cost  of  prosecution,  and  in  default  of 
payment  of  such  fine  and  costs,  shall  be  imprisoned  in  the  city  lock-up 
for  the  term  of  forty  days,  unless  sooner  discharged  by  due  course 
of  law. 

ARTICLE  II — AMUSEMENTS. 

Section.  198.  No  person  or  persons,  within  the  limits  of  this 
city,  shall  give  any  entertainment  such  as  are  hereafter  mentioned, 
for  gain,  without  a license  for  that  purpose  first  had  and  obtained 
from  the  Mayor,  under  the  seal  of  the  city,  under  a penalty  of  fifty 
dollars  for  each  offense,  provided,  that  no  such  license  shall  be  re- 
quired for  musical  parties,  concerts,  theatrical  and  other  entertain- 
ments and  exhibitions,  given  by  citizens  of  this  city, not  engaged  in  the 
giving  of  such  entertainments,  as  a business. 

Sec.  199.  The  owner  or  lessee  of  any  public  hall  in  this  city 
may  be  licensed  by  the  Mayor,  to  hold  or  permit  to  be  held  in  such 
hall,  any  public  entertainment,  show,  conceit  or  theatrical  perform - 
mance,  for  the  period  of  one  year  from  the  date  of  such  license,  upon 
the  payment  into  the  city  treasury  of  the  sum  of  not  less  than  ten 
dollars. 

Sec.  200.  License  may  be  granted  by  the  Mayor  for  the  hold- 
ing of  any  public  exhibition,  show,  concert,  theatrical  or  other  enter- 
tainment within  this  city,  in  any  public  hall  or  other  building  therein, 
upon  payment  into  the  city  treasury  of  the  sum  two  dollars,  and  for 
the  holding  and  exhibition  of  any  circus,  menagerie,  or  other  public 
show  in  said  city,  not  held  in  any  public  hall  or  other  building,  upon 


66 


ORDINANCES  OF  THE 


payment  into  the  city  treasury  of  such  sum  as  the  Mayor  may  pre 
scribe  not  less  than  five  dollars  nor  more  than  than  fifty  dollars,  for 
each  day  such  license  shall  be  granted. 

Sec.  201.  Every  such  license  shall  be  issued  by  the  City  Clerk, 
on  notice  to  him  from  the  City  Treasurer,  that  the  license  tax 
or  fee  has  been  paid,  and  shall  be  presented  by  him  to  the  Mayor  for 
his  signature. 

Sec.  202.  Any  owner,  proprietor,  or  lessee  of  any  public  hall  or 
other  building  in  this  city  where  public  entertainments  are  given,  who 
shall  permit  any  person  or  persons,  to  use  the  same,  for  the  purpose 
of  giving  any  entertainment  for  gain  (except  in  those  cases  where  no 
licenses  are  require!)  without  having  first  obtained  from  the  Mayor 
the  license  herein  required,  either  in  his  own  name  or  in  the  name  of 
the  person  giving  such  entertainment,  shall  pay  a fine  of  fifty  dollars. 

Sec.  203.  Any  person  who  shall  stand  in  the  lobby,  or  outer  en- 
trance to  any  licensed  hall,  or  other  licensed  public  building,  or  upon 
‘the  stairway  leading  to  the  same,  or  on  the  sidewalk  adjacent  to  and 
near  such  entrance,  after  a request  to  move  on,  made  by  the  owner, 
lessee,  or  any  public  officer,  shall  pay  a fine  of  not  less  than  one 
dollar  and  not  more  than  ten  dollars  for  each  offense. 

ARTICLE  III— FIRE. 

Section.  204  Whoever  without  reasonable  cause,  ly  outcry  or 
ottierwise  makes  or  circulates,  or  causes  to  be  made,  or  circulated, 
any  false  alarm  of  fire,  in  this  city,  shall  pay  a fine  of  not  less  than 
one  dollar  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  205.  Any  person  who  shall  take  or  use  in  any  barn  or 
stable  within  the  city  any  lighted  candle,  oil  or  fluid  lamp,  or  any 
burning  light  whatsoever,  unless  the  same  be  enclosed  and  secured  in 
a good  glass,  horn,  or  other  lantern,  shall  pay  a fine  of  not  less  than 
one  dollar  nor  more  than  twenty  dollars  for  each  such  offense. 

Sec.  206.  Every  person  keeping  or  occupying  any  shop,  or  other 
building,  in  this  city,  wherein  shavings  or  other  combustible  materials 
are  made,  accumulated,  or  may  be  contained,  and  situated  within  two 
hundred  feet  of  any  other  building,  shall  clear  and  remove  such 
shavings  or  other  combustible  materials  out  of  any  such  building  or 
the  yard  belonging  thereto,  at  least  three  times  in  each  week.  Any 
person  or  persons  using  rags,  or  waste,  for  rubbing  furniture,  or  var. 
nishcd  or  oiled  work,  shall  bur  i or  cause  to  be  burned  such  rags  or 
waste  every  day,  or  if  the  same  are  not  burned  at  the  close  of  the 
working  day  such  rags  or  waste  shall  be  immersed  in  water.  Any 
person  violating  any  provision  of  this  section  shall  pay  a fine  of  not 
less  than  one  dollar  nor  more  than  twenty  dollars  for  each  offense. 

Sec.  207.  No  stove  shall  be  used  in  any  such  shop  or  building 


CITY  OF  BERLIN. 


67 


unless  the  same  shall  be  set  in  a box  surrounded  by  fire  proof  materi- 
al under  the  penalty  of  two  dollars  for  each  offense. 

Sec.  208.  Any  person  who  shall  carry  fire  in,  or  through  any 
street,  or  lot,  or  other  public,  or  private  place,  except  the  same  be 
placed  or  covered  in  some  close  or  secure  pan  or  other  vessel  shall 
pay  a fine  of  one  dollar  for  each  such  offense. 

Sec.  209.  Any  person  who,  in  removing  any  chips  shavings  or 
other  combustible  matter,  shall  scatter  or  throw  them,  or  suffer  them 
to  be  thrown  or  scattered  on  any  street,  alley  or  other  public  place, 
shall  pay  a fine  of  not  less  than  one  dollar  nor  more  than  ten  dollars 
for  each  offense. 

Sec.  210.  No  lumber  shall  be  piled  for  the  purpose  of  seasoning 
or  drying  the  same,  within  one  hundred  feet  of  any  planing  mill  or 
wood  working  manufactory  nor  within  one  hundred  feet  of  an3r  pri- 
vate residence,  unless  the  same  has  been  erected  since  the  establish' 
ment  of  any  such  lumber  yard,  under  a penalty  of  not  less  than  one 
dollar  nor  more  than  twenty  five  dollars  for  each  offense.  And  every 
day  that  any  lumber  shall  remain  piled  in  violation  of  this  section  shall 
be  deemed  a new  and  distinct  offense. 

Sec.  211.  Any  person  who  shall  keep  ashes  in  any  barrel,  box 
or  wooden  vessel,  or  on  any  wooden  floor,  in  any  building,  shall  pay  a 
fine  of  not  less  than  one  dollar,  nor  more  than  fifty  dollars  for  each 
offense. 

Sec.  212.  Any  person  who  shall,  in  this  city,  draw  from  any 
package,  hogshead,  barrel  or  keg,  or  otherwise  handle  any  camphenpq 
burning  fluid,  spirits  of  turpentine,  gasoline,  naptha,  alcohol,  or  other 
highly  explosive,  or  inflamable  articles,  in  any  quantity,  by  any  artifi- 
cal  light  or  who  shall  keep  in  any  store,  dwelling  or  other  building  in 
this  city  (except  in  magazines,  which  magazine  shall  not  be  erected 
within  twenty-five  rods  of  any  other  building)  more  than  twenty  five 
pounds  of  gunpowder,  gun  cotton,  dynamite,  or  nitro-glycerine,  at  any 
time,  and  from  keeping  any  quantity  of  gun  powder  whatever,  unless 
the  same  shall  be  kept  in  a metallic  safe,  or  keep  any  quantity  of 
such  gun  cotton,  dynamite,  or  nitro-glycerine,  whatever,  except  in 
such  magazines,  shall  pay  a fine  of  five  dollars  for  each  offense  besides 
the  costs  of  prosecution,  and  in  default  of  payment  of  such  fine  and 
costs  snail  be  imprisoned  in  the  city  lock-up  ten  days  unless  dis- 
charged by  due  course  of  Jaw. 

ARTICLE  IV — FIRE  LIMITS. 

Section  213.  Blocks  number  eleven,  twelve,  thirteen,  fourteen 
fifteen,  sixteen,  seventeen,  eighteen,  ninteen,  and  twenty  in  the  or- 
iginal plat  of  Strongsville,  now  city  of  Berlin,  and  the  south  half  of 
blocks  number  ninety  four,  ninety  five,  and  the  whole  of  block  number 


ORDINANCES  OF  THE 


ninety  six  in  Forsyth  & Bassett’s  addition  to  said  city,  and  the  north 
half  of  blocks  number  sixty  two,  sixty  three,  sixty  four  and  sixty  five 
in  Van  Horn’s  addition  to  the  village  [now  city]  of  Berlin  shall  be 
known  as  the  fire  limits  of  the  city  of  Beilin. 

Sec.  214.  The  fire  limits  are  hereby  divided  into  two  districts  as 
follows:  The  south  half  of  said  blocks  number  eleven,  twelve,  thir- 
teen, fourteen,  and  all  of  block  fifteen  and  the  north  half  of  blocks 
number  sixteen,  seventeen,  eighteen,  nineteen,  and  twenty  aforesaid 
shall  constitute  the  first  district,  and  the  remainder  of  the  aforesaid 
fire  limits  shall  constitute  the  second  district. 

Sec.  215.  No  person  shall  hereafter  erect,  or  place,  or  cause  to 
be  erected  or  placed  upon  any  portion  of  the  first  district,  any  build- 
ing or  structure  whatever,  unless  the  same  be  fire  proof;  nor  shall  any 
person  move  any  wooden  building  from  the  second  district,  nor  from 
without  the  fire  limits  onto  lands  within  the  first  district,  and 
the  Common  Council  shall  have  no  authority  to  exempt  any 
persons  from  the  provisions  of  this  section. 

Sec.  216.  No  person  shall  hereafter  erect  or  place,  or  cause  to 
be  erected  or  placed,  on  any  portion  of  the  second  district,  any  build- 
ing or  structure  whatever,  unless  the  same  be  fire  proof  nor  shall 
any  person  remove  any  wooden  building  from  without  the  fire  limits  in- 
to any  part  of  the  second  district,  nor  shall  any  person  remove  any 
wooden  building  from  one  location  to  another  within  the  fire  limits, 
provided  that  the  Common  Council  may  exempt  any  person  from  the 
provisions  of  this  section  in  cases  where  such  exemption  would  not 
endanger  the  public  safety,  on  such  terms  and  conditions  as  the  public 
safety  may  require  and  provided  further  that  the  Common  Council  shall 
have  no  authority  to  permit  any  person  to  remove  any  building  from 
the  second  district  to  the  first  district. 

Sec.  217.  No  building  shall  be  deemed  fire  proof  within  the 
meaning  of  this  article,  unless  the  walls  thereof  be  constructed  of 
stone,  brick  or  other  fire  proof  material  at  least  eight  inches  thick, 
with  stone  or  iron  window  and  door  caps  and  sills,  and  with  roofs 
covered  with  tin,  cement  or  other  fire  proof  material. 

Sec.  218.  Any  person  offending  against  any  of  the  provisions  of 
this  article  shall  be  punished  by  a fine  of  twenty-five  dollars 
and  costs  of  prosecution  and  in  default  of  the  payment  of 
such  fine  and  costs  shall  be  imprisoned  in  the  city  lock-up  forty  days 
unless  sooner  disco arged  by  due  course  of  law. 

Sec.  219.  If  any  person  shall  hereafter,  contrary  to  the  provis- 
ions of  this  article  erect  or  place,  or  cause  to  to  be  erected  or  placed 
any  building  or  structure  not  fire  proof,  upon  any  part  of  the  fire 
limits,  or  shall  contrary  to  the  provisions  of  this  article  move  any 


CITY  OF  BERLIN. 


69 


wooden  building  from  without  the  fire  limits  onto  lands  within  the 
fire  limits  or  from  the  second  district  to  the  first  district,  or  from 
one  location  to  another  within  the  fire  limits,  he  shall  be  punished  as 
provided  in  the  nextpreceeding  section,  and  the  Mayor  shall  give  him 
notice  directing  him  to  raze  such  building,  move  it  without  the  fire 
limits,  or  to  the  place  from  which  it  may  have  been  removed,  as  such 
person  or  personas  may  elect,  and  if  such  person  shall  fail  or  neglect 
for  the  space  of  three  days,  after  the  service  of  such  notice  upon  him, 
to  lemove  or  raze  such  building  or  structure,  he  shall  be  punished  by 
a fine  of  not  less  than  one  dollar  and  not  more  than  twenty  five  dollars 
f°r  such  offense  and  a like  fine  for  every  day  thereafter  that  he  shall 
fail  or  neglect  to  raze  or  remove  such  building. 

ARTICLE  V — FIRE  DEPARTMENT. 

Sec.  220.  The  fire  department  of  said  city  shall  consist  of  a Chief 
Engineer,  three  Assistant  Engineers,  a Secretary,  a Treasurer,  and 
the  firemin  belonging  to  the  several  engine,  hose,  fire,  and  hook  and 
ladder  or  other  companies  now  duly  organized,  or  which  shall  organ- 
ize under  this  ordinance  for  the  suppression  or  prevention  of  fires  or 
the  protection  of  property  thereat. 

Sec.  221.  The  Chief  Engineer  shall  in  all  cases  have  control  of 
the  different  fire  companies,  their  engines  and  fire  apparatus;  also,  the 
direction  and  control  of  the  members  thereof  when  called  out  on  duty. 
He  shall  see  that  the  engines  and  all  apparatus  of  the  fire  department 
are  kept  in  perfect  order  and  readiness  for  immediate  use,  and  shall 
cause  all  necessary  repairs  to  be  made,  without  letting  the  same  by 
contract,  and  report  the  same  to  the  City  Council  for  approval  and  al- 
lowance. He  shall  use  his  utmost  endeavors  to  prevent  and  subdue 
fires  and  to  control  the  firemen  thereat. 

Sec.  222.  The  Assistant  Engineers  shall  be  distinguished  as  First, 
Second  and  Third  Assistants.  They  shall  assist  the  Chief  Engineer 
and  obey  his  orders  when  on  duty;  and  in  his  absence  shall  take  com- 
mand according  to  rank. 

Sec.  223.  The  Chief  Engineer  shall  report  quarterly  to  the  City 
Council  the  condition  of  the  engines,  hose,  hooks,  ladders,  engine 
house  and  other  fire  apparatus,  and  recommend  such  alterations  or 
improvements  in  the  same  as  he  may  think  proper  and  necessary. 

Sec.  224.  The  Chief  Engineer  shall  keep  a record  of  the  names 
of  the  members  of  the  different  companies,  specifying  the  company 
to  which  each  belongs,  and  all  reductions  of  and  accessions  to  such 
companies  respectively;  and  report  the  same  to  the  City  Council  on 
the  last  Monday  in  April  in  each  year. 

Sec.  225.  The  Chief  and  Assistant  Engineers  shall  each,  when  on 


70 


ORDINANCES  OF  THE 


duty,  so  far  as  is  practicable,  wear  some  distinctive  badge  clearly 
showing  their  office  and  rank. 

Sec.  226.  In  case  of  the  absence  of  the  Chief  Engineer  and  As- 
sistant Engineers  at  any  fire,  the  Foreman  of  the  fire  enigne  company 
No.  1,  hook  and  ladder  company,  No.  1,  and  hose  companies  Nos.  1, 
and  2,  shall  act  as  Chief  Engineer  in  the  order  named. 

Sec.  227.  The  officers  of  each  fire  company  shall  consist  of  a 
Foreman  and  two  Assistant  Foremen,  who  shall  be  elected  by  a ma- 
jority of  the  members  of  the  company  voting  at  such  election.  Such 
Foremen  and  Assistants  upon  every  alarm  of  fire  shall  immediately 
repair  thereto  with  the  engines  and  other  implements  under  their 
charge,  and  there  work  and  manage  the  same,  under  the  direction  of 
the  Chief  Engineer  and  his  Assistants  in  the  most  effective  manner, 
until  dismissed  by  the  Chief  Engineer. 

Sec.  228.  The  Foreman  of  each  company  shall  see  that  the  en- 
gine or  other  fire  apparatus  worked  by  his  company  is  kept  in  good 
order  and  ready  for  immediate  use. 

Sec.  229.  It  shall  be  the  duty  of  the  Chief  Engineer  to  be  as 
near  every  fire  as  nracticable,  and  in  such  place  as  to  be  accessible  at 
all  times  to  the  officers  of  the  different  companies,  and  be  ready  to 
give  his  instructions,  through  his  Assistants,  to  the  Foremen  of  those 
respective  companies. 

Sec.  230  The  Assistant  Engineers  shall  be  as  near  the  Chief 
Engineer  as  circumstances  will  admit,  and  be  subject  to  and  obey  his 
orders  and  directions. 

Sec.  231.  The  Foreman  of  each  company  shall,  under  the  Chief 
Engineer,  have  command  of  his  company,  and  the  right  to  direct  and 
control  the  members  while  on  duty. 

Sec.  232.  It  shall  be  the  duty  of  each  member  of  the  several  fire 
companies  to  repair  immediately  to  the  engine  bouse  on  every  alarm 
of  fire;  to  aid  in  getting  their  fire  apparatus  to  the  fire,  and  get  it  at 
work;  to  remain  at  the  fire  and  assist  in  subduing  the  same;  and  while 
there  to  attend  to  any  duty  required  by  his  Foreman  or  officer  in 
command.  It  shall  be  the  duty  of  the  member  first  arriving  at  the 
engine  house  on  an  alarm  of  fire,  to  act  as  Foreman  or  Assistant,  dur- 
ing the  absence  of  those  officers  and  if  in  the  night  to  see  that  the 
torches  and  signals  be  taken  with  the  engines. 

Sec.  233.  It  shall  be  the  duty  of  each  member,  under  command  of 
the  Foreman,  after  every  fire,  to  assist  to  wash  and  clean  the  fire  ap_ 
paratus,  controlled  and  worked  by  the  fire  company  to  which  he  be. 
longs,  if  required  to  do  so.  It  shall  be  the  duty  of  each  member 
within  thirty  days  after  receiving  notice  of  his  election,  to  provide 
himself  with  a uniform  and  cap  in  conformity  to  those  worn  by  the 


CITY  OF  BERLIN. 


71 


company  to  which  he  is  elected,  and  a key  to  the  engine  house;  to 
notify  the  Secretary  of  any  change  in  his  residence,  and  to  attend  all 
meetings  of  his  company. 

Sec.  234  The  Secretary  shall  keep  a record,  in  a book  to  be 
provided  him  for  that  purpose,  of  the  proceedings  of  all  meetings  of 
the  Fire  Department,  and  all  meetings  of  the  Executive  Committee 
of  said  department  and  perform  such  other  duties  as  said  committee 
shall  require  of  him. 

Sec.  235  The  Treasurer  of  the  Fire  Department  shall  give  bonds 
to  the  city  of  Berlin  in  the  sum  of  one  thousand  dollars,  or  such 
further  sum  as  the  executive  committee  shall  direct,  with  two  or 
more  sureties  to  be  approved  by  the  executive  committee;  and  such  sure" 
ties  shall,  in  the  aggregate,  be  the  owners  in  fee  of  unincumbered  real 
estate,  within  the  county  of  Green  Lake,  over  and  above  all  debts, 
liabilities  and  exemptions,  worth  treble  the  amount  of  such  bond. 
Such  bond  shall  be  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  and  that  he  will  pay  over  and  deliver  to  his  suc- 
cessor, upon  demand,  all  books,  papers,  money  and  property  in  his 
hands  as  such  Treasurer.  Said  Treasurer  shall  receive  and  safely 
keep  the  relief  fund  and  other  moneys  belonging  to  the  Fire  Depart- 
ment, and  pay  the  same  out  only  upon  the  order  of  the  Chief  En- 
gineer, countersigned  by  the  Secretary,  and  shall  render  a full  and 
correct  account  to  the  executive  committee  as  often  as  required. 

Sec.  236  The  Chief  and  Assistant  Engineers  and  the  Foreman 
of  the  several  companies,  shall  constitute  the  Executive  Committee 
of  the  Fire  Department,  of  which  committee  the  Chief  Engineer  shall 
be  President.  Said  committee  shall  have  authority,  and  it  shall  be 
their  duty  to  prescribe  rules  and  regulations,  not  inconsistent  with  the 
laws  of  this  state  or  of  an>  ordinance  of  the  city  of  Berlin,  for  the 
government  of  the  different  fire  companies  in  said  city — which  rules 
and  regulations  when  so  prescribed  and  printed,  shall  have  the  force 
of  law;  to  have  the  general  oversight  and  management  of  the  con- 
cerns of  the  Fire  Department,  snbject  to  the  Common  Council;  to 
audit  and  order  paid  all  bills  which  are  a fair  and  just  charge  upon 
the  funds  of  the  Fire  Department;  to  determine  and  prescribe  the  un- 
iforms of  the  officers;  and  to  do  all  other  acts  necessary  for  the  wel- 
fare and  efficiency  of  the  Fire  Department,  not  inconsistent  with  law. 

Sec.  237  All  funds  in  the  Treasury  of  the  Fire  Department 
shall  be  controlled  by  the  Executive  Committee,  and  paid  out  for  such 
purposes  as  a majority  thereof  shall  determine  to  be  proper  and  in 
furtherence  of  ihe  interests  of  the  department. 

Sec.  238.  Wherever  the  word  Fire  Company  is  used  in  this 
ordinance  it  shall  be  construed  to  mean  any  company  organized  or  to 


72 


ORDINANCES  OF  THE 


be  organized  for  the  purpose  of  putting  out  and  preventing  tires  in  the 
City  of  Berlin,  or  for  the  protection  of  property  at  fires 

Sec.  239.  There  shall  be  a meeting  of  the  members  of  all  the 
fire  companies  on  the  second  Monday  in  April  in  each  year,  at  the 
engine  house,  when  they  may  nominate  and  recommend  to  the  Com- 
mon Council  for  appointment,  one  Chief  Engineer,  and  a First,  Second 
and  Third  Assistant  Engineers;  and  the  persons  so  nominated,  when 
confirmed,  shall  be  such  officers  for  the  term  of  one  year  and  until 
their  successors  are  appointed. 

Sec.  240.  The  Secretary  and  Treasurer  shall  be  appointed  by 
the  Executive  Committee. 

Sec.  241.  The  officers  of  the  several  companies  shall  be  elected 
at  their  annual  meeting,  by  a majority  of  those  voting  at  such  election, 
which  shall  be  held  on  the  days  fixed  by  the  By-Laws  of  said  com- 
panies, or,  if  no  time  is  so  fixed,  then  upon  the  second  Monday  in 
January  of  each  year.  Said  officers  shall  hold  their  respective  offices 
for  one  year,  unless  sooner  removed  by  the  Common  Council,  on  ihe 
petition  of  a majority  of  the  members  of  the  company;  in  which  case, 
and  in  case  of  vacancy  for  any  cause,  the  said  company  may  fill  said 
office  at  any  regular  meeting  by  a majority  of  the  votes  cast  at  such 
election. 

Sec.  242.*  A vacancy  in  the  office  of  Chief  or  Assistant  En- 
gineers may  be  filled  by  appointment  of  the  Common  Council,  upon 
the  nomination  of  the  Executive  Committee  of  the  Fire  Department- 

Sec.  243.  Whenever  any  person  shall  refuse  to  obey  any  lawful 
order  of  any  Engineer,  Assistant  Engineer,  Fire  Warden,  Foreman  of 
any  Fire  company,  Mayor  or  Alderman,  at  any  fire,  it  shall  be  lawful 
for  the  officer  giving  such  order  to  arrest,  or  direct  orally  the  Chief  of 
Police  or  any  Constable,  Policeman  or  Watchman  of  said  City  to  ar- 
rest such  person,  and  to  confine  him  temporarily  in  any  safe  place 
until  such  fire  shall  be  extinguished;  and  in  the  same  manner  such 
officer,  or  any  of  them  may  arrest,  or  direct  the  arrest  and  confine- 
ment of  any  person  at  said  fire  who  shall  be  intoxicated  or  disorderly. 
And  any  person  at  a fire  who  shall  refuse  to  obey  any  lawful  order  of 
any  Chief  or  Assistant  Engineer,  Fire  Warden,  Foreman,  Mayor  or 
Alderman  who  shall  refuse  to  aid  in  arresting  any  person  so  refusing, 
shall  upon  conviction  thereof,  be  fined  in  a sum  not  less  than  one  nor 
more  than  fifteen  dollars,  and  costs  of  prosecution;  and  in  default  of 
payment  ot  any  judgment  rendered  for  such  fine  and  costs  shall  be 
imprisoned  in  the  City  lock-up  not  more  than  ten  days. 

Sec.  244.  It  shall  be  the  duty  of  all  persons  to  aid  in  the  ex- 
tinguishment of  fires  in  the  City  of  Berlin,  and  in  the  preservation  of 
property  thereat,  when  ordered  by  the  Chief  Engineer,  Assistant  En- 


CITY  OF  BERLIN. 


73 


gineers,  Mayor,  Alderman,  Fire  Warden,  Foreman  or  any  Policeman; 
and  any  person  refusing  so  to  aid  when  so  ordered,  shall,  on  convic. 
tion  thereof,  pay  a fine  of  not  less  than  three  nor  more  than  fifteen 
dollais  and  costs  of  prosecution;  and  in  default  of  payment  of  any 
j udgment  rendered  for  such-  fine  and  costs,  or  either,  shall  be  im 
prisoned  in  the  City  lock-up  not  more  than  ten  days. 

Sec.  245.  Whenever  any  person  shall  offer  any  resistance  to 
any  officer  of  the  Fire  Department,  or  any  member  thereof,  when  in 
the  performance  of  his  duty,  or  who  shall  w lfully  in  any  manner  in- 
jure, deface  or  destroy  any  engine  or  fire  apparatus  belonging  to  the 
City  of  Berlin,  such  person  shall  pay  as  a penalty,  upon  conviction  there- 
of, a fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars  and 
costs  of  prosecution;  and  in  default  of  payment  of  any  judgment  ren- 
dered for  such  fine  and  costs,  or  either,  shall  be  imprisoned  in  the 
City  lock-up  not  more  than  forty  days. 

Sec.  246  The  Chief  and  Assistant  Engineers  heretofore  ap- 
pointed or  confirmed  by  the  Common  Council,  shall  hold  these  offices 
respectively  until  the  second  Monday  in  April  next. 

Sec.  247.  It  shall  be  lawful  for  the  Chief  Engineer  and  the  As. 
sistant  Engineers  to  require  the  aid  of  any  Drayman,  with  his  horse 
and  dray,  and  any  citizen,  inhabitant,  or  by-stander  in  drawing  or 
conveying  any  fire  engine,  or  other  fire  apparatus,  to  the  fire,  and 
in  working  and  using  the  same  while  at  a fire,  and  on  the  refusal 
or  neglect  to  comply  with  such  requisition  the  offender  shall  for  every 
default  pay  a fine  of  not  less  than  one  dollar,  nor  more  than  ten 
dollars. 

Sec.  248.  Any  person  who  shall  offer  any  hindrance  to  any  of- 
ficer or  fireman  in  the  performance  of  his  duty,  at  a fire,  or  shall  wil- 
fully, in  any  manner,  injure,  deface  or  destroy  any  fire  apparatus  be- 
longing to  the  City,  shall  pay  a fine  of  not  less  than  ten  dollars  for 
each  offense. 

Sec.  249.  No  hose  carri  ge,  or  hook  and  ladder  carriage,  or  en- 
gine, shall  be  drawn  faster  than  a walk  on  its  return  from  a fire,  or  an 
alarm  of  fire;  nor  shall  any  such  carriage  or  engine  be  drawn  to  a fire 
or  alarm  of  fire,  in  a manner  calculated  to  endanger  the  safety  of  per- 
sons or  property  in  the  streets  or  alleys  of  said  City,  under  the  penalty 
of  not  less  than  two  dollars  nor  more  than  ten  dollars  to  be  paid  by 
the  person  or  persons  committing  the  offense. 

Sec.  250.  No  wagon  or  other  vehicle,  shall  be  driven  over  any 
unprotected  hose  of  the  Fire  Department,  of  this  City,  when  laid 
down  on  any  street  or  alley  to  be  used  at  any  fire,  or  alarm  of  fire, 
without  the  consent  of  the  Chief  Engineer,  or  the  Assistant  in  com. 
mand,  and  any  person  violating  this  section,  shall  pay  a fine  of  not 


74 


ORDINANCES  OF  THE 


less  than  ten  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sec.  251.  The  Chief  Engineer  shall  procure  and  cause  to  be 
carried  with  each  hose  cart  at  every  alarm  of  fire,  efficient  protectors, 
which  shall  belaid  down  when  said  hose- is  laid  on  any  street  or  alley 
in  such  manner  as  to  protect  said  hose  from  injury  when  vehicles  are 
driven  over  the  same  and  he  shall  also  cause  all  such  hose  to  be  taken 
up  when  no  longer  needed  for  use. 

ARTICLE  VI. — FIRE  WARDEN,  HIS  POWER  AND  DUTIES. 

Section  252.  The  Common  Council  of  said  City  shall,  at  its  first 
meeting  in  April  of  each  year,  appoint  for  said  City  a Fire  Warden, 
who  shall  reside  in  said  City. 

Sec.  253.  It  shall  be  the  duty  of  said  Fire  Warden  at  least 
twice  in  each  year,  to-wit:  in  the  months  of  May  and  November,  and 
as  much  oftener  as  he  may  deem  proper,  between  sunrise  and  sunset, 
to  enter  any  building,  yard  or  premises  in  his  said  dislrict,  and  ex- 
amine the  fire-place,  hearths,  stoves,  ovens,  chimneys,  arches,  boilers 
smoke-houses  or  other  apparatus  likely  to  cause  fire;  also  the  place  of 
depositing  ashes,  gun  powder  or  other  combustible  materials,  and  the 
said  Fire  Warden  shall  give  such  directions  in  regard  to  the  several 
articles  as  he  may  deem  expedient,  either  as  to  the  removal,  altera, 
tion,  or  the  better  care  and  management  thereof,  which  directions 
shall  be  obeyed  and  complied  with  by  the  person  or  persons  directed 
in  that  behalf,  and  at  their  expense. 

Sec.  254.  If  any  person  or  persons  shall  refuse  or  neglect  to 
comlpy  with  the  directions  of  any  such  Fire  Wardens,  or  shall  ob- 
struct or  hinder  him  in  the  performance  of  his  official  duty,  the  per- 
on  so  offending  shall  forfeit  and  pay  to  the  City  of  Berlin  for  every 
day  he  may  obstruct,  hinder,  or  neglect  to  comply  with  such  direc- 
tions, the  sum  of  five  dollars;  and  all  expenses  of  carrying  into  effect 
the  direction  of  any  Fire  Warden  shall  in  the  first  instance  be  paid  by 
the  occupant  of  the  premises,  and  may  by  him  be  deducted  from  the 
rent  payable  bv  him,  her  or  them,  unless  such  directions  were  ren- 
dered necessary  by  the  act  or  default  of  the  said  occupant,  or  there 
be  a special  agreement  between  the  Landlord  and  the  said  occupant 
to  the  contrary;  and  it  shall  be  the  duty  of  the  said  Fire  Warden  to  ascer 
tain  whether  or  not  their  directions  are  duly  complied  with,  and  in 
case  of  non-compliance,  or  in  case  of  any  violation  of  this  ordinance, 
to  report  the  names  of  the  offenders,  with  the  particular  circumstances, 
to  the  Common  Council,  who  may  thereupon  cause  such  offenders  to 
be  prosecuted  for  the  recovery  of  the  penalties  incurred  by  them. 

Sec.  255.  No  person  shall  set  off  any  fire- works  or  build  any 
bonfire  within  one  block  of  Huron  or  Broadway  streets,  or  within  one 


CITY  OP  BERLIN, 


75 


hundred  feet  of  any  building,  and  no  person  shall  build  any  fire  upon 
any  lot  or  on  any  street  and  leave  the  same  uncared  for,  under  a pen- 
alty of  three  dollars  for  each  offense. 

Sec.  256.  No  pipe  of  any  stove  shall  be  put  up  in  any  house  or 
other  building  in  this  City  unless  it  is  conducted  into  a chimney  made 
of  brick  or  stone,  without  first  obtaining  consent  of  the  Fire  Warden  of 
the  district  in  which  said  building  is  situated,  nor  shall  any  person  at 
at  any  time  set  fire  to  any  chimney  for  the  purpose  of  cleaning  the 
same,  without  first  obtaining  the  consent  of  the  said  Fire  Warden 
And  it  shall  not  be  lawful  to  conduct  any  stovepipe  through  any  parti- 
tion, floor  or  wood  work  of  any  building  unless  the  same  is  securely 
fixedwith  stone  or  brick-work,  or  in  place  thereof  a tin  or  earthen 
tube  or  safe,  so  called,  or  other  metallic  fixture;  and  any  person  of- 
fending against  any  provision  of  this  section  shall  forfeit  as  a penalty 
the  sum  of  three  dollars,  and  the  further  penalty  of  three  dollars  for 
every  twenty-four  hours  that  the  violation  shall  continue  after  having 
been  notified  by  the  Fire  Warden  of  the  proper  district  to  discontinue 
such  violation. 

Sec.  257.  • Every  chimney  hereaiter  erected  within  the  limits  of 
the  City  of  Berlin  shall  be  plastered  on  the  inside  with  lime  and  sand 
morter  at  the  time  it  is  erected,  under  a penalty  of  twenty-five  dollars, 
to  be  collected  either  of  the  person  or  persons  for  whom  such  chimney 
is  built,  or  of  the  person  or  persons  erecting  the  same. 

ARTICLE  VII. — FIRE  ARMS,  FIRE  WORKS  AND  CANNONS. 

Section  258.  Any  person  who  shall  fire  or  discharge  any  gun, 
pistol,  fowling  piece,  or  other  fire  arm,  within  the  limits  of  the 
City  of  Berlin  except  in  the  necessary  defense  of  his  person  or  property, 
shall  pay  a fine  of  not  less  than  one  dollar,  nor  more  than  ten 
dollars  for  each  offense. 

Sec.  259.  Any  person  who  shall  sell,  loan  or  furnish  to  any 
minor,  any  gun,  pistol,  fowling  piece  or  other  firearm  within  this  City? 
shall  pay  a fine  of  not  less  than  five  dollars,  nor  more  than  twenty- 
five  dol  ars  for  each  such  offense. 

Sec.  260.  Any  person  who  shall  fire,  discharge  or  set  off  within 
the  limits  of  the  City  of  Berlin,  any  rocket,  cracker,  torpedo,  squib  or 
other  fire  works  or  thing  containing  any  substance  of  explosive  nature, 
shall  pay  a fine  of  not  less  than  one  dollar  nor  more  than  ten  dollars 
for  each  such  offense.  Provided  that  the  Mayor  may  by  proclama- 
tion permit  the  use  of  fire  works  on  the  Fourth  day  of  July  and  on 
such  other  days  as  he  may  deem  proper. 

Sec.  261.  Any  person  who  shall  discharge,  or  fire  off  any  can- 
non, or  piece  of  artillery  in  any  street,  or  avenue,  alley,  park  or  place, 


76 


ORDINANCES  OF  THE 


within  the  corporate  limits  of  this  City,  without  a written  permission 
from  the  Mayor,  shall  pay  a fine  of  not  less  than  ten  dollars,  nor  more 
than  thirty  dollars  for  each  such  offense. 

ARTICLE  VIII. — PARKS  AND  PUBLIC  GROUNDS. 

Section  262.  Neither  cattle,  horses,  goats,  or  swine  or  other  ani- 
mals shall  be  turned  by  any  person  into  any  of  the  parks  of  this  City. 

Sec.  263.  All  persons  are  forbidden  to  carry  fire  arms,  or  to 
throw  stones  or  other  missils  within  anyone  of  the  public  parks  o.  this 
City.  All  persons  are  forbidden  to  cut,  break  or  in  any  way  injure  or 
deface  the  trees,  shrubs,  plants,  turf  or  any  building,  fences,  monu- 
ments or  other  constructions  or  property,  within  or  upon,  any  of  the 
parks  of  this  City. 

Sec.  264.  No  person  shall  expose  any  article  for  sale  upon  any 
of  the  said  parks  nor  shall  any  hawking  or  peddling  be  permitted 
therein. 

Sec.  265.  No  threatening,  abusive,  insulting  or  indecent  lan. 
guage  shall  be  allowed  in  any  part  of  either  of  the  said  parks  whereby 
a 1 reach  of  the  peace  may  b^s  occasioned.  No  person  shall  be  allowed 
to  tell  fortunes,  or  play  any  game  of  chance  at  or  with  any  table  or 
instrument  of  gaming,  nor  to  do  any  obscene  or  indecent  act  therein. 

Sec.  266.  No  person  other  than  employers  shall  light,  make  or 
use  any  fire  therein. 

Sec.  267.  Any  person  who  shall  violate  any,  or  either  of  the 
provisions  of  this  article  or  any  section  or  clause,  or  any  provision  of 
any  section  thereof,  or  who  shall  neglect,  or  fail,  or  refuse  to  comply 
with  any  or  either  of  the  requirements  thereof,  shall  on  conviction  pay 
a fine  of  not  less  tha  i five  dollars  nor  more  than  thirty  dollars. 

ARTICLE  IX. — STREETS. 

Sec.  268.  No  person  shall  injure  or  tear  up  any  pavement,  side  or 
cross  walk,  or  any  part  thereof,  dig  any  hole,  ditch  or  drain  in,  or  dig 
or  remove  any  sod,  stone,  earth,  sand  or  gravel  from  any  street,  alley, 
or  public  ground  in  the  City  of  Berlin,  without  having  first  obtained 
permission  from  the  Common  Council,  or  unless  done  under  lawful 
authority  from  the  City  of  Berlin,  under  the  penalty  for  each  offense 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

Sec.  269.  Any  person,  company  or  corporation,  who  shall  in. 
cumber  oi  obstruct,  or  cause  to  be  encumbered  or  obstructed  any 
street,  alley,  public  landing  or  other  public  place  in  said  City,  by  plac- 
ing therein  or  thereon,  any  building  materials,  or  any  article  or  thing 
whatsoever,  without  having  first  obtained  written  permission  from  the 
Mayor,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  nor 
more  than  fifty  dollars  for  each  offense  and  further  penalty  of  one 
dollar  for  each  day  such  incumbrance  or  obstruction  shall  continue. 


CITY  OF  BERLIN. 


77 


Sec.  270.  The  streets,  alleys  and  sidewalks  in  the  City  of  Beilin 
shall  be  kept  free  and  clear  from  all  obstructions,  incumbrances  and 
encroachments  for  the  use  of  the  public,  and  snail  not  be  used  or  oc- 
cupied in  any  other  way  than  is  provided  in  this  article. 

Sec.  271.  The  Mayor  is  hereby  authorized  to  order  any  article 
or  thing  wnatsoever  which  may  incumber  any  street,  alley,  public 
landing  wharf  or  pier,  within  said  City  to  be  removed,  if  such  article 
or  thing  shall  not  be  removed  within  six  hours  after  notice  to  the 
owner  or  person  in  charge  thereof  to  remove  the  same,  or  if  the  own- 
er can  not  be  found  for  the  purpose  of  such  notice,  he  shall  cause  the 
same  to  be  removed  to  some  suitable  place,  to  be  designated  by  the 
Mayor;  and  the  owner  of  any  article  so  removed,  shall  forfeit  and  pay 
a fine  of  not  less  than  one  dollar  nor  more  than  ten  dollars  for  each 
such  offense. 

Sec.  272.  No  wagon,  sleigh,  sled,  carriage,  railway  carriage,  or 
vehicle  of  any  kind  or  description,  or  any  part  of  the  same,  without 
horses  or  other  beasts  of  burden,  shall  be  permitted  to  remain  or 
stand,  in  any  improved  street  in  this  City  for  more  than  one  hour,  ex. 
cept  for  the  purpose  of  being  repaired,  and  then  only  in  front  of  the 
premises  of  the  person  so  repairing,  and  within  ten  feet  of  the  curbing 
or  sidewalk.  Any  person  who  shall  violate  any  provision  of  this  sec- 
tion shall  pay  a fine  of  not  more  than  ten  dollars  nor  less  than  five 
dollars  for  each  offense. 

Sec.  273.  Any  person  who  shall  erect  or  place  any  building,  in 
whole,  or  in  part,  upon  any  street,  alley,  sidewalk  or  other  public 
ground,  within  this  City,  shall  pay  a fine  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars  for  each  such  offense,  and  all  such  buildings 
or  parts  of  buildngs  so  erected  or  placed  upon  any  street,  alley,  side- 
walk or  public  ground  are  hereby  declared  to  be  a nuisance. 

Sec.  274.  Whenever,  from  any  cause,  any  street  or  alley  in 
this  City  shall  be  obstructed  from  a press  of  teams  attached  to  ve- 
hicles loaded  or  otherwise,  the  Mayor,  any  Alderman,  or  Police  officer, 
may  give  such  directions  in  regard  to  removal  of  such  vehicles  or 
teams  as  in  the  opinion  of  such  officer  may  be  required  by  the  public 
convenience.  And  any  person  or  persons  refusing  to  obey  such  direc- 
tions shall  pay  a fine  of  not  less  than  one  dollar  nor  more  than  ten 
dollars  for  each  such  offense. 

Sec.  275.  Any  contractor,  or  other  person  or  persons  causing 
any  cart,  wagon  or  other  vehicle  to  be  loaded  and  heaped  up  with 
manure,  sand,  earth,  mud,  clay,  stones  or  rubbish,  so  that  the  contents, 
or  any  part  thereof,  shall  be  scattered  in  any  street,  avenue  or  other 
public  place  in  the  City,  shall  pay  a fine  of  not  less  than  one  dollar 
nor  more  than  five  dollars  for  each  offense. 


78 


ORDINANCES  OF  THE 


Sec.  276.  Any  person  having  the  use  of  any  portion  of  a street 
or  sidewalk  for  the  purpose  or  erecting  or  repairing  any  building,  or 
for  any  other  purpose,  shall  cause  two  red  lights  to  be  placed  in  a con- 
spicious  place  in  front  of  such  obstruction  and  at  either  end  of  the 
same  from  dusk  until  sunrise  each  night,  during  the  time  such  ob- 
struction shall  remain. 

Sec.  277.  The  names  of  all  streets  shall  be  placed  on  all  street 
corners  and  shall  whenever  there  are  street  lamps  at  the  corners  of 
the  streets  be  painted  on  such  street  lamps  or  on  tin,  glass  or  metallic 
strips  or  plates  and  firmly  attached  to  said  lamps  or  lamp  posts. 

Sec.  278.  It  shall  be  the  duty  of  every  person  or  persons  en- 
gaged in  digging  down  any  street,  building  any  sewer,  or  drain,  or 
trench  for  water  pipes  in  any  of  the  public  streets,  or  avenues  under 
contract  with  this  City,  or  by  virtue  of  any  permission  which  may 
have  been  granted  to  them  by  the  Common  Council,  where  such  work 
if  left  exposed  will  be  dangerous  to  passengers,  to  erect  a*  fence  or 
railing  at  such  excavation,  or  work,  in  such  a manner  as  to  render  the 
same  safe  to  passengers,  who  may  be  travelling  such  streets,  alleys, 
avenues  and  roads  and  to  continue  and  uphold  the  said  railing  or 
fence  until  the  work  shall  have  been  completed,  or  the  obstruction  or 
danger  removed,  and  it  shall  also  be  the  duty  of  such  person  or  per- 
sons to  place  upon  such  railing  or  fence,  at  twilight  in  the  evening, 
suitable  and  sufficient  lights,  and  keep  them  burning  through  the 
night  during  the  performance  of  said  work,  and  any  person  who  shall 
violate  any  provision  of  this  section  shall  pay  a fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  279.  The  provisions  of  the  preceding  section  shall  also  ap- 
ply to  every  person  who  shall  place  building  material  in  any  of  the 
public  streets,  or  avenues,  or  be  engaged  in  building  any  vault,  or  con- 
structing any  lateral  drain  from  any  cellar  to  a public  sewer,  or  who 
shall  do  or  perform  any  work  causing  any  obstruction  in  the  public 
streets,  by  virtue  of  any  permit  from  the  Common  Council,  or  from 
any  officer  or  officers;  and  also  to  all  public  or  corporation  officers  en- 
gaged in  performing  any  work  in  behalf  of  the  City  whereby  obstruc- 
tions or  excavations  shall  be  made  in  the  public  streets. 

Sec.  230.  In  all  cases  where  any  person,  or  persons,  shall  per- 
form any  work  mentioned  in  tne  preceding  sections  either  under 
contract  with  the  City,  or  by  yirtue  of  permission  obtained  from  the 
Mayor,  and  Common  Council  or  from  any  officer  or  officers  of  tne 
City  having  authority,  such  person  or  persons,  shall  be  answerable  for 
any  and  every  damage  which  may  be  occasioned  to  persons,  or 
animals,  or  property,  by  reason  of  carelessness  connected  with  the 
said  work. 


79 


CITY  OF  BERLIN. 


Sec.  281.  It  shall  be  the  duty  of  the  officers  of  the  City  who 
shall  have  charge  of  the  particular  class  of  improvements  mentioned 
in  this  article  to  see  that  the  requirements  hereof  in  regard  to  the 
erection  of  fences  and  placing  lights,  in  all  cases  be  complied  with. 

Sec,  282.  Any  person  who  shall  coast  or  slide  upon,  or  with,  a 
sled,  sleigh,  toboggan,  or  otherwise,  upon,  ove^,  or  along  any  street, 
alley,  sidewalk  or  other  public  place  in  this  City  shall  pay  a fine  of  not 
less  than  one  dollar  nor  more  than  five  dollars  for  each  offense. 

Sec.  283.  Any  person  who  shall  play  at  the  game  of  ball,  by 
pitching,  throwing,  or  batting  a ball  in  any  of  the  streets,  alleys  or 
publ  c places  in  this  City  shall  pay  a fine  of  not  less  than  one  dollar 
nor  more  than  five  dollars  for  each  offense. 

article  x — sidewalks. 

Sec.  284.  All  sidewalks  which  shall  hereafter  be  ordered  by  the 
Common  Council,  shall  be  constructed  under  the  superintendence, 
and  to  the  satisfaction  of  the  committee  on  sidewalks  and  bridges 
and  shall  be  of  the  width  herein  specified,  unless  a different  width 
shall  be  specified  in  the  order,  to  wit:  On  Huron  and  Broadway 
streets,  from  State  street  to  Brooklyn  street,  the  same  shall  be  ten  feet 
wide,  and  on  all  other  streets  and  on  said  Huron  and  Broadway  streets 
except  as  above  stated  the  same  shall  be  five  feet  four  inches  in  width. 
All  such  sidewalks  shall  unless  otherwise  ordered  by  the  Common 
Council,  be  constructed  of  good  pine,  or  hemlock  plank,  two  inches 
thick,  laid  down  and  nailed  crosswise  upon  three  stringers  not  less 
than  two  inches  by  four  inches  square,  except  upon  sidewalks  re- 
quired to  be  ten  feet  in  width  said  p'ank  shall  be  laid  down  and 
nailed  to  not  less  than  four  stringers  to  be  not  less  than  four  inches 
square. 

Sec.  285.  The  grades  for  sidewalks  on  t.ie  several  streets  and 
alleys  in  the  City  shall  be  given  by  said  commitee  of  the  Common 
Council  on  sidewalks  and  bridges,  until  a permanent  grade  shall  be 
established  by  the  Common  Council.  If  any  person  shall  build,  or 
assist  in  building,  any  sidewalk  where  no  grade  has  been  established, 
without  first  obtaining  a grade  therefor  from  said  committee  of  the 
Common  Council,  or  contrary  to  any  grade  which  may  be  obtained 
from  said  committee,  or  shall  build  or  assist  in  building  any  sidewalk 
contrary  to  any  grade  which  may  have  been,  or  may  be  established 
by  the  Common  Council,  oi  contrary  to  any  of  the  provisions  of  this 
article,  he  shall,  in  either  case,  be  subject  to  a penalty  of  five  dollars 
for  each  offense,  and  to  a like  penalty  for  every  day  he  shall  tail  to 
remove  or  reconstruct  the  same  after  a notice  by  the  said  committee 
on  sidewalks  and  bridges  to  remove  or  reconstruct  the  same. 


80 


ORDINANCES  OF  THE 


Sec.  286.  Sidewalks  shall  be  constructed  so  as  to  incline  up- 
wards from  the  outer  edge  of  the  sidewalk  toward  the  buildings  or 
boundary  of  the  lot,  at  the  rate  of  one  inch  in  three  feet,  and  no  part 
of  said  sidewalk  shall  be  taken  for  private  use  by  lowering  or  cut- 
ting down  the  same  next  to  the  building,  or  railing  off  the  same  by 
any  wooden  or  iron  railing,  or  by  shutting  off  the  public  from  passing 
along  or  over  the  same,  and  said  sidewalks  shall  not  be  raised  up 
next  to  the  building  by  constructing  a platform  or  platforms  on  the 
same  of  either  wood,  iron,  or  stone,  but  said  sidewalk  shall  be  buil1 
flush  up  to  the  building  or  boundary  line  on  a uniform  grade  as  herein 
provided.  Entrances  to  areas  and  basements  and  flights  of  stairs  or 
steps  may  be  made  which  shall  not  extend  into  or  onto  the  sidewalk 
more  than  two  feet  next  to  the  building,  and  the  width  of  the  steps, 
stairs,  or  entrance  to  areas  and  basements  in  sidewalks  shall  not  be  more 
than  four  feet,  said  steps,  stairs,  or  entrances  shall  be  securely  pro- 
tected, and  no  open  space  next  to  the  building  other  than  entrance 
ways  to  areas  and  basements  forming  a part  or  the  sidewalk  shall  be 
allowed. 

Sec.  287.  No  person  shall  insert  any  smooth  piece  of  glas-  in 
any  sidewalk  for  any  purpose  wha'ever. 

Sec.  288.  No  part  or  portion  of  any  sidewalk  where  the  grade 
has  been  established  shall  be  laid  or  relaid  at  any  different  grade  or 
any  other  level  than  the  adjacent  portions  of  such  sidewalk,  and  for 
every  violation  of  this  section,  there  is  hereby  imposed  upon  the 
person  violating  the  same  a penalty  of  not  less  than  five  nor  more 
than  twenty  dollars,  and  he  shall  also  alter  said  sidewalk  so  as  to  make 
the  same  conform  to  the  established  grade,  and  in  case  he  neglects  and 
lefusesso  to  do  within  a reasonable  time,  it  shall  be  lawful,  for  the 
said  committee  on  sidewalks  and  bridges  to  require  the  Street  Com- 
missioner of  said  City  to  alter  the  same,  and  the  costs  and  expenses  of 
the  same  shall  be  paid  by  such  owner  and  the  same  shall  be  levied  as 
a tax  against  the  land  along  which  such  sidewalk  passes. 

Sec.  289.  No  person  shall  extend  or  build  any  sidewalk  beyond 
he  established  width,  and  on  all  streets  where  courts  or  open  spaces 
are  allowed  for  planting  trees  or  for  grass  plats,  the  same  shall  not  be 
covered  with  plank,  except  such  parts  and  portions  of  said  space  as 
may  be  allowed  to  be  used  for  coal  yaults. 

Sec.  290.  No  person  shall  be  allowed  to  occupy  or  use  for  vaubs 
areas  or  other  purposes  the  space  beneath  the  sidewalks  included 
within  the  sidewalk  lines  of  any  street  or  alley  in  said  City,  unless  a 
permit  therefor  shall  first  have  been  obtained  from  the  Common, 
Council;  such  permits  to  be  issued  and  to  continue  only  upon  the 
condition  that  the  party  receiving  the  same  shal  as  compensation  for 
the  privilege  granted  by  said  permit,  build,  maintain,  and  keep  in  repair 


CITY  OP  BERLIN. 


81 


a sidewalk  ovei  such  space  intended  to  be  used  for  vaults,  areas  or 
other  purposes;  such  sidewalks  to  be  built  of  the  materials’and  con- 
structed in  the  manner  particularly  specified  in  such  permit. 

Sec.  291.  Such  permits  shall  specify  in  general  terms  the  pur- 
poses for  which  the  spaces  under  the  sidewalks  shall  be  used,  and 
shall  also  contain  a condition  that  upon  the  failure  to  construct  maintain 
and  repair  such  sidewalk  in  accordance  with  any  order  that  may  from 
time  to  time  be  given  by  said  committee  on  sidewalks  and  bridges,  or 
by  the  Common  Council,  the  permit  may  be  declared  annulled  by 
the  Common  Council  and  that  all  rights  and  privileges  under  such 
permits  shall  cease  from  the  time  . uch  permits  shall  be  declared  an- 
nulled. 

Sec.  292.  No  permit  shall  be  granted  for  the  permanent  use 
and  occupancy  of  so  much  space  under  the  sidewalks  at  the  corners 
of  streets  as  may  be  necessary  for  hydrants,  lamp  posts,  or  for  access 
to  the  same,  and  such  spaces  shall  be  specified  and  reserved  in  all 
cases  for  the  use  of  the  City  whenever  the  City  may  require  the  same 
for  any  purpose. 

Sec.  293.  Any  owner,  builder,  or  other  person  who  shall  in  vio . 
lation  of  this  article,  occupy  or  use  any  part  of  a public  street  be. 
neath  or  under  any  such  sidewalk,  or  included  within  the  sidewalk 
lines,  or  if  there  be  no  such  sidewalk,  shall  occupy  or  use  below  the 
grades  such  parts  thereof  as  comes  within  the  sidewalk  lines  of  such 
street,  without  a permit  first  had  and  obtained  as  provided  "in  this 
article,  shall  be  liable  to  a fine  of  five  dollars  for  the  first  offense  an 
to  a like  fine  for  every  twenty  foui  hours  such  occupation  or  use  shall 
continue  without  such  permit. 

Sec.  294.  Every  opening  in  any  vault  or  coal  hole  or  aperture 
in  the  sidewalk  over  said  coal  hole  or  vault,  shall  be  covered  with  a 
substantial  iron  plate  with  a rough  surface  to  prevent  accidents,  and 
the  entire  construction  of  said  coal  holes  or  vaults  shall  be  sub* 
j ect  to  the  directions  and  supervision  of  the  said  committee  on  side- 
walks and  oridges,  or  such  other  person  as  the  Common  Council  may 
designate. 

Sec  295.  The  owner  and  tenant  of  the  abutting  estate,  in  front  of 
which  tne  coal  hole  or  vault  is  thus  permitted  to  be  constructed,  shall  be 
held  responsible  to  the  City  for  any  and  all  damages  to  persons  or 
property  in  consequence  of  a,ny  defect  in  the  construction  of  such 
vault  or  coal  hole,  or  for  allowing  the  same  or  any  portion  thereof  to 
remain  out  of  repair,  and  such  owner  and  tenant  shall  be  required  to 
keep  the  said  vault  or  coal  hole  its  walls  and  coverings  in  good  order  a1 
all  times. 


82 


ORDINANCES  OF  THE 


Sec.  296.  The  occupant  of  any  estate  abutting  on  such  vault  or 
coal  hole  shall  be  held  responsible  to  the  City  for  any  and  all  damages 
occasioned  to  persons  or  property  in  consequence  of  the  aperture  in  the 
sidewalk  being  left  exposed  and  uncovered,  or  from  the  covering  thereof 
being  left  insecure  or  unfastened;  and  such  occupant  shall  keep  such 
coal  hole  or  vault  cover  in  good  order,  and  safe  for  public  travel  over 
the  same. 

Sec.  297.  No  person  shall  remove  or  insecurely  fix,  or  cause  to 
procure  or  suffer  or  permit  to  be  removed  or  insecurely  fixed,  so  that 
the  same  can  be  moved  in  its  bed,  any  grate  or  covering  of  any  coal 
hole,  vault,  or  chute  under  any  street,  sidewalk  or  other  public  place 
under  the  penalty  of  not  less  than  five  dollars  for  each  such  offense; 
provided,  that  nothing  herein  contained  shall  prevent  the  owner  or 
occupant  of  the  building  with  which  such  shall  be  connected  from  re- 
moving such  grate  or  covering  for  the  proper  purpose  of  such  coal 
hole,  vault  or  chute,  provided  he  inclose  such  opening  or  aperture 
and  keep  the  same  inclosed  while  such  grate  or  covering  shall  be  re. 
moved  with  a strong  box  or  curb  at  least  twelve  inches  high  firmly 
and  securely  made,  and  provided  further  that  he  shall  not  remove 
such  grate  or  covering  until  after  sun  rise  of  any  day,  and  shall  re- 
place such  grate  or  covering  before  sunset. 

Sec.  298.  No  boiler,  steam  shaft,  furnace,  or  steam  pipe,  or  cess 
pool,  shall  be  constructed  or  located  for  use,  and  no  explosive  sub- 
stance or  inflamable  oil  or  substance  shall  be  stored  or  kept  for  any 
purpose  under  any  sidewalk  in  this  City,  and  no  excavation  when  per- 
mitted shall  be  ventilated  into  the  streets,  unless  the  aperture  or  open- 
ing or  ventilating  hole  shall  be  securely  covered  as  herein  provided. 

Sec.  299.  Whenever  any  coal  hole  or  vault  under  any  sidewalk, 
or  any  aperture  constructed  therein,  is  not  covered  or  secured  as  here 
in  provided,  or  in  the  opinion  of  the  said  committee  on  sidewalks  and 
bridges  is  unsafe  or  inconvenient  for  the  public  travel,  said  commit 
tee  may  order  the  same  to  be  removed  and  a suitable  one  put  in  its 
place,  and  if  the  same  shall  not  be  done  within  two  days  after  the 
service  of  said  order  on  the  owner  or  tenant  of  the  premises  or  the 
person  having  the  care  thereof,  the  Street  Commissioner  by  direction 
of  said  committee  may  make  such  change,  and  the  expense  thereo- 
shall  be  paid  by  such  owner,  tenant  or  other  person  having  the  care 
of  the  premises  or  upon  their  failure  so  to  do  the  same  shall  be  as- 
sessed and  levied  as  a tax  against  the  lot  or  parcels  of  land  in  front  of 
which  said  coal  hole  or  vault  may  be.  And  no  person  shall  leave 
such  coal  hole,  excavation,  or  aperture,  opened  or  unfastened  after 
sunset,  nor  in  the  day  time  unless  while  in  use  by  some  person  or 
persons  actually  attending  the  same. 


CITY  OF  BERLIN. 


83 


Sec.  300.  Whenever  the  owner  or  occupant  of  real  estate  in  the 
City  of  Berlin  shall  be  notified  by  the  committee  on  sidewalks  and 
bridges,  of  the  Common  Council,  to  raise,  lower,  repair  or  relay  any 
side  walk  or  to  raise,  lower,  repair,  or  cleanse  any  private  drain  in 
front  of  adjacent  to  or  upon  any  premises  owned  or  occupied  by  him, 
it  shall  be  the  duty  of  any  such  owner  or  occupant  to  cause  the  said 
improvement  to  be  made  in  the  manner  and  within  the  time  pre- 
scribed by  said  committee  of  the  Common  Council.  If  such  owner  or 
occupant  shall  neglect  or  refuse  to  comply  with  any  such  require- 
ment, he  shall  be  subject  to  a penalty  of  not  less  than  one  dollar  nor 
more  than  five  dollars  for  each  day’s  neglect.  And  in  the  event  such 
owner  or  occupant  neglects  or  refuses  to  comply  with  such  notice  and 
lequirement  of  said  committee  for  five  days,  then  said  committee 
may  cause  the  same  to  be  done  by  the  Street  Commissioner  of  the 
City  of  Berlin,  under  their  direction,  and  the  expense  thereof  shall  be 
assessed,  levied,  and  collected  as  a tax  against  the  lot,  piece  or  parcel 
of  land  upon  which  said  sidewalk  or  drain  may  be,  or  upon  which  the 
same  may  abut,  or  to  which  it  adjoins. 

Sec.  301.  Hereafter  no  person  shall  construct  or  place,  or 
cause  to  be  constructed  or  placed,  any  portico,  porch,  door,  window, 
or  step  which  shall  project  into  or  over  any  street  or  sidewalk  in  such 
manner  as  to  obstruct  free  passage  along  the  same  under  a penalty  of 
not  less  than  three  dollars  nor  more  than  twenty  five  dollars  for  each 
offense,  and  a like  penalty  for  every  day  that  the  said  portico,  porch, 
window,  or  step  may  be  continued  as  aforesaid. 

Sec.  302.  No  street,  alley  or  sidewalk  shall  be  used  for  the 
storage  of  goods,  wares,  or  merchandise  of  any  kind  or  description 
whatever,  and  which  shall  occupy  a greater  space  than  three  feet  next 
the  building  or  boundary  line  fronting  upon  or  forming  the  boundary 
line  of  any  street  or  alley;  and  if  any  person  shall  place  or  cause  to  be 
placed  in  or  upon  any  street  or  alley  or  sidewalk,  any  barrel,  box, 
hogshead,  crate,  package,  or  any  matter  or  thing  whatever  which 
shall  take  up  more  or  any  other  space  than  three  feet  next  to  such 
building  or  boundary  line,  and  shall  suffer  the  same  to  remain  there- 
in or  thereon  for  more  than  six  hours,  he  snail  pay  a fine  of  not  less 
than  one  dollar  n »r  more  than  five  dollars,  and  any  Policeman  or  pub- 
lic officer  shall  be  empowered  to  cause  the  same  to  be  removed  at  the 
expense  of  the  party  placing  the  same  there,  and  such  party  shall  also 
pay  a fine  of  one  dollar  an  hour  for  each  and  every  hour  that  such 
goods,  wares,  merchandise,  matter  or  thing  remains  there  after  the 
expiration  of  six  hours. 

Sec.  303.  All  awnings  hereafter  erected  shall  be  elevated  at 
least  eight  feet  at  the  lowest  part  thereof  above  the  top  of  the  side- 
walk, and  shall  not  project  over  the  sidewalk  to  exceed  three-fourths 


84 


OR]  USANCES  OF  THE 


of  the  width  thereof;  they  shall  be  supported  without  posts  by  iron 
brackets  or  by  an  iron  frame  work  attached  firmly  to  the  building,  so 
as  to  leave  the  sidewalk  wholly  unobstructed  thereby.  All  awnings 
heretofore  erected  in  a different  manner  shall  be  removed  in  a reason- 
able time  after  notice  as  hereinafter  provided.  If  any  person  shall 
erect  any  awning  contrary  to  the  provisions  hereof,  or  shall  refuse  or 
neglect  to  remove  the  same  forthwith  after  notice  in  writing  given  to 
him  by  the  committee  on  sidewalks  and  bridges,  or  if  any  person  shall 
fail  to  remove  any  awnings  heretofore  constructed  in  a different  man- 
ner than  provided  herein,  within  a reasonable  time  after  notice  in 
writing  given  to  him  by  said  committee,  he  shall  pay  a fine  of  one 
dollar  for  every  such  offense  and  a further  penalty  of  one  dollar  for 
every  day  he  shall  tail  to  comply  with  such  notice  after  a lapse  of  five 
days  from  the  service  thereof. 

Sec.  304.  No  person  shall  at  any  time  fasten  any  hoise  or 
horses  in  such  a way  that  the  horse,  vehicle,  reines  or  lines,  shall  be 
an  obstacle  to  the  free  use  of  the  sidewalk,  under  a penalty  of  one 
dollar  for  each  offense,  and  the  person  in  whose  possession  or  use 
such  horse  or  horses  shall  then  be  shall  be  deemed  the  offender,  un- 
less he  can  prove  the  contrary  to  the  satisfaction  of  the  magistrate  be- 
fore whom  he  shall  be  prosecuted. 

Sec.  305.  It  shall  be  the  duty  of  the  owners  of  each  building  in 
front  of  which  any  sidewalk  is  now  or  shall  hereafter  be  constructed, 
to  provide  and  securely  fasten  in  such  sidewalk,  one  iron  ring  of  not 
less  than  two  inches  in  diameter  and  one  quarter  of  an  inch  in  thick- 
ness, or  erect  a suitable  post  for  hitching  at  some  point  in  every  twen- 
ty five  feet  of  such  sidewalk.  Every  person  who  shall  wilfully  violate 
or  neglect  to  comply  with  the  provisions  of  this  section  shall  pay  a fine 
of  not  less  than  one  dollar  nor  more  than  five  dollars  for  every  of 
fense. 

Sec.  306.  Any  person  who  shall  keep  or  leave  open  any  cellar 
door,  or  grating  of  any  vault  on  any  highway  or  sidewalk,  or  suffer 
the  same  to  be  left  or  kept  open,  or  who  shall  suffer  any  sidewalk  in 
front  of  his  premises  to  become  or  continue  so  broken  or  defective  as 
to  endanger  life  or  limb,  shall  pay  a fine  of  not  less  ihan  one  dollar 
nor  more  than  twenty  five  dollars  in  every  case  It  sh*ll  be  the  duty 
of  all  Policemen  to  take  note  of  all  defects  in  sidewalks,  and  when  out 
of  repair,  notify  owners  or  occupants  of  the  premises  in  front  of  which 
said  sidewalks  are,  and  also  report  the  same  to  the  committee  on  side- 
walks and  bridges  of  this  City,  and  see  to  the  enforcement  of  this 
article. 

Sec.  307.  No  person  while  receiving  or  delivering  goods  wares^ 
or  merchandise  «‘nall  permit  the  same  to  remain  on  any  sidewalk 


CITY  OF  BERLIN. 


85 


longer  than  two  hours  and  for  this  purpose  he  shall  not  occupy  over 
four  feet  of  the  outer  edge  of  the  sidewalk  in  front  of  his  store  or 
building. 

Sec.  308.  No  person  shall  push  or  draw  back  any  horse  wagon 
cart,  or  other  vehicle  over  any  sidewalk,  or  use  ride  or  drive  any 
horse,  wagon,  dray,  sled,  or  sleigh,  thereon,  unless  it  be  in  crossing 
the  same  to  go  into  a yard  or  lot  where  no  other  suitable  crossing 
or  means  of  access  is  provided,  under  a penalty  of  not  less  than  one 
dollar  nor  more  than  five  dollars  for  each  offense. 

Sec.  309.  All  cross  walks  in  the  City  shall  be  kept  free  from 
any  sleighs,  wagons,  drays,  carts,  or  carriages,  or  horses  or  other  ani- 
mals being  placed  or  suffered  to  stand  thereon,  except  so  far  as  may 
be  necessary  in  crossing  the  same;  and  the  owner  or  driver  of  any 
sleigh,  wagon,  dray,  cart,  carriage,  or  horse,  or  other  animals,  offend- 
ing herein  shall  pay  a fine  ot  two  dollars  for  each  offense. 

Sec.  310.  No  person  shall  lead,  drive,  or  ride  any  horse  or 
other  animal,  or  drag  any  wheel  or  hand  barrow,  or  saw  any  wood,  or 
lay  or  place  any  wood,  coal  or  other  thing,  or  any  woods,  wares  or 
merchandise  or  other  article  whatsoever,  upon  any  foot  path  or  side- 
walk in  this  City  under  a penalty  of  not  less  than  one  dollar  nor  more 
than  five  dollars  for  each  offense.  But  this  section  shall  not  prevent 
horses  being  driven  along  sidewalks  to  remove  snow  therefrom  n©r 
prevent  any  person  from  receiving  or  delivering  goods  wares  and 
merchandise  over  such  sidewalks  as  hereinbefore  provided. 

Sec.  311.  No  owner  or  occupant  of  any  store  or  house  shall 
permit  or  suffer  any  cart,  dray,  or  other  wheel  carriage  to  be  driven 
or  otherwise  to  pass  over  or  upon  the  foot  path  or  sidewalk  in  front 
or  op  posite  such  house  or  store  for  the  purpose  of  unloading  or 
loading  such  cart,  dray,  or  other  wheel  carriage,  or  for  any  other 
purpose  whatever  under  a penaty  of  twc  dollars  for  each  offense. 

Sec.  312.  If  any  drayman,  cartman,  or  other  person  shall 
break  or  otherwise  injure  any  footpath  or  sidewalk  in  this  City,  he 
shall  within  twenty  four  hours  thereafter  cause  the  same  to  be  well 
and  sufficiently  repaired  and  mended,  and  in  case  of  his  failure  so  to 
do  he  shall  pay  a fine  of  two  dollars  for  each  offense. 

Sec.  313.  The  Mayor,  Aldermen,  or  any  public  officer  of  this 
City  are  authorized  to  cause  any  obstruction,  encroachment,  article 
or  thing  whicn  may  be  in  violation  of  the  provisions  of  this  article  to 
to  be  removed  witnin  a reasonable  time  after  notice  served  upon  the 
owner,  agent,  or  person  in  possession  of  the  premises  where  such  vio- 
lation occurs,  or  in  case  the  owner,  agent  or  person  in  possession  can 
not  be  found,  then  by  posting  such  notice  upon  the  premises  or  side- 
walk in  front  thereof,  and  the  owner,  agent,  or  party  causing  such  vio* 


86 


ORDINANCES  OF  THE 


lation  shall  pay  all  expenses  and  costs  of  such  removal  in  addition  to 
the  penalties  aforesaid  and  any  person  who  shall  wrongfully  inter- 
fere with  such  removal  shall  suffer  a penalty  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  in  the  discretion  of  the  court  be- 
fore whom  said  person  is  convicted. 

Sec.  314.  Every  owner  or  occupant  of  any  house  or  other 
building,  and  the  owner  or  proprietor,  lessee  or  person  entitled  to  the 
possession  of  any  vacant  lot,  or  parcel  of  land,  and  every  person  hav- 
ing in  charge  any  church,  jail,  public  hall  or  public  building  in  this 
City,  shall  during  the  winter  season  and  during  the  time  snow  shall 
continue  on  the  ground,  by  nine  o’clock  on  every  morning  when 
necessary  .clear  the  sidewalks  in  front  of  such  house  or  other  building 
and  in  front  of  such  lot  from  snow  and  ice,  and  keep  them  conven- 
iently free  therefrom  during  the  day;  or  shall  in  case  the  snow  and 
ice  are  so  congealed  that  they  cannot  be  removed  without  injury  to 
the  sidewalk,  cause  the  said  snow  and  ice  to  be  strewn  with  ashes  or 
salt;  and  shall  also  at  all  times,  keep  such  sidewalks  clear  and  free  from 
all  dirt,  filth  or  other  obstructions  or  incumbrances  so  as  to  allow  citi- 
zens to  use  the  said  sidewalk  in  an  easy  and  commodious  manner;  and 
every  person  neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  section,  shall  pay  a fine  of  not  less  than  one  dollar  nor 
more  than  ten  dollars  for  each  neglect  or  refusal. 

Sec.  315.  It  shall  be  the  duty  of  all  Policeman  to  report  t > the 
City  Attorney  any  accident  which  may  come  to  their  knowledge,  oc- 
casioned by  a defect  in  any  sidewalk,  or  which  may  occur  upon  any 
street  in  said  City  with  the  names  of  any  witnesses  to  the  accident 
known  to  them. 

ARTICLE  XI. — SIGNS. 

Section.  316.  No  person  shall  place  or  cause  to  be  placed,  or 
suspend  or  cause  to  be  suspended,  from  any  house,  shop,  store,  lot  or 
place,  over  or  into  any  street  or  sidewalk,  any  goods,  wares  or  mer- 
chandise whatever,  or  signs  or  any  other  thing,  so  that  the  same  shall 
project  from  the  wall  or  front  of  said  house,  shop,  lot  or  place,  more 
than  three  feet  towards  or  into  the  street  or  over  the  sidewalk. 

Sec.  317.  Signs  securely  fastened  may  be  suspended  over  the 
sidewalks  not  exceeding  three  feet,  at  a height  above  the  sidewalk 
not  less  than  nine  feet,  and  no  sign,  show  bill,  lantern  or  show  board 
whicn  at  its  lowest  part  is  less  than  nine  feet  in  height  above  the  side- 
walk, shall  project  into  any  street  more  than  three  feet,  under  a pen- 
alty of  not  less  than  one  dollar  nor  more  than  five  dollars  for  each  of- 
fense, and  a like  penalty  for  every  day  such  sign,  show  board  or  other 
thing  may  be  continued  or  remain  alter  an  order  to  remove  the  same 
given  by  any  Policeman  or  public  officer  of  this  City  to  remove  the 
same. 


CITY  OF  BERLIN. 


87 


Sec.  318.  No  clothing,  goods,  ware*,  merchandise, signs, boxes*, poles 
or  other  article  or  thing,  shall  Le  placed  in  front  of  any  store,  shop  or 
other  place  in  said  City,  or  on  or  above  the  sidewalk,  so  as  to  occupy 
more  than  three  feet  next  to  the  bnildings  or  premises  on  such  side- 
walk; and  when  placed  on  the  sidewalk  such  articles  shall  not  be 
more  than  four  feet  high  above  the  top  of  the  sidewalk.  And  when 
placed  or  suspended  above  the  top  of  the  sidewalk,  shall  be  so  placed 
or  hung  that  the  lowest  part  of  such  articles  shall  be  at  least  eight 
feet  above  the  top  of  the  sidewalk,  and  shah  not  swing  more  than 
three  feet  from  the  building  or  boundary  line  of  the  lot.  Barbers’ 
poles  may  be  constructed  six  feet  in  height  but  shall  be  placed  with- 
in three  feet  of  the  building  or  boundary  line  of  the  lot. 

Sec.  319.  It  shall  be  lawful  for  any  person  to  erect  a lamp  post 
opposite  his  or  her  house,  store  or  place  of  business,  with  such  letter- 
ing or  device  as  such  pe  son  may  think  proper,  in  a line  with  those 
erected  by  the  City  near  the  curb  line;  provided,  said  lamps  and 
lamp  posts  shall  not  be  less  in  size  than  those  erected  by  the  City, 
and  the  lamps  or  illuminated  sign  placed  thereon  shall  not  be  more 
than  three  feet  wide,  and  the  posts  shall  be  erected  of  the  same  height 
and  in  the  same  manner  and  of  the  same  material  as  those  now  useJ 
by  the  City  for  lighting  purposes. 

Sec.  - 320.  All  lamps  or  lamp  posts  which  have  been  heretofore 
erected  and  used  as  signs,  which  shall  be  made  to  conform  to  the  re- 
quirements of  this  article  may  be  allowed  to  remain,  subject  however 
to  be  removed  at  any  lime  at  the  expense  of  the  owner  thereof  or  the 
occupant  of  the  premises  whenever  the  Mayor  or  Common  Council  of 
the  City  shall  order  the  same. 

Sec.  321.  No  sign  or  other  posts  except  awnings  and  lamp  posts 
as  herein  provided,  shall  be  erected  o”  placed  on  or  upon  any  side- 
walk or  street  or  other  public  way  within  the  City  limits,  or  if  here- 
tofore erected  or  placed  shall  be  permitted  to  remain  on  or  upon  or  over 
any  sidewalk  or  street  or  public  way,  under  a penalty  of  fiye  dollars, 
and  a like  penalty  for  every  day  such  post  s gn  or  other  thing,  shall  be 
allowed  to  remain  after  notice  to  the  owner  or  occupant  of  the  pre- 
mises from  the  Mayor  or  Common  Council  of  this  City  to  remove  the 
same;  but  nothing  herein  contained  .•'hall  prevent  the  erection  of  posts 
in  front  of  each  building  for  the  purpose  of  hitching  horses;  every 
such  post  as  erected  shall  not  be  more  than  eight  inches  nor  less  than 
six  inches  in  diameter,  and  not  to  exceed  four  feet  in  height,  and  shall 
be  placed  in  a line  within  the  outer  edge  of  the  sidewalk. 

Sec.  322.  No  person  or  persons  shall,  within  tht  limits  of  the 
City  of  Berlin,  post  or  paint  an  advertisement  upon  any  private  wall, 
door,  gate,  tree  or  fence  without  consent  first  obtained  of  the  owner  of 
such  wall,  door,  gate  tree  or  fence,  or  upor  any  curb  stone,  flagging, 


88 


ORDINANCES  OF  THE 


gutter  stone,  sidewalk,  lamp  post,  hitching  post,  gateway,  telegraph 
poles,  tire  plugs,  hydrant  wooden  or  iron  railing  or  fence,  or  any 
public  amusement  or  lottery,  or  notices  of  a general  public  character 
or  any  advertisement  whatever,  without  the  previous  written  permis- 
sion of  the  Mayor,  any  person  violating  any  of  the  provisions  of  this 
section  shall  p ly  a fine  of  two  dollars  for  each  and  every  offense. 

Sec.  323.  Whoever  shall  violate  any  of  the  provisions  of  this  arti- 
cle, where  a specific  fine  has  not  been  provided  for,  shall  upon  con- 
viction thereof,  pay  a fine  of  not  less  than  one  dollar  nor  more  than 
ten  dollars  for  each  aud  every  offense. 

Sec.  324.  It  shall  be  the  duty  of  the  Chief  of  Police  to  see  to  the 
enforcement  of  each  and  all  of  the  provisions  of  this  article,  and 
each  and  every  Policeman  of  the  City  shall,  whenever  tnere  is  any 
obstruction  in  any  street  or  alley  or  sidewaik  endeavor  to  remove  the 
same,  and  in  case  such  obstruation  shall  be  of  such  a character  that 
the  same  can  not  readily  be  removed  then  said  Policeman  shall  re- 
port the  same  to  the  Mayor  of  the  City  wiio  is  hereby  authorized  to 
remove  the  same. 

ARTICLE  XII. — MARKETS 

Sec.  325.  No  person  snail  between  the  first  day  of  May  and  the 
first  day  of  November  in  any  year,  bring  in  to  or  place  or  suffer  or 
permit  to  be  brought  in  to  or  place  in  any  market  or  stall,  in  this  City 
any  untried  fat,  commonly  called  ‘‘Gut  Fat  ” nor  at  any  time  or 
season  the  heads,  shanks,  or  feet  of  any  animal  unless  the  same  be 
skinned  or  properly  cleaned,  nor  any  green  hides,  or  skins  of  any 
kind,  except  the  hides  of  calves,  under  the  penalty  of  not  less  than 
one  dollar  nor  more  than  five  dollars  for  each  offense. 

Sec.  326.  Every  butcher  or  other  person  shail  keep  his  cellar  and 
stall  neat  and  free  from  filth  of  all  kinds  under  penalty  of  a fine  of 
not  less  than  one  dollar  nor  more  than  five  dollars,  and  members  of 
the  Board  of  Health  of  this  City  shail  at  all  times  have  free  access  to 
any  such  cellars  or  stalls  and  any  person  who  shall  refuse  to  allow  or 
shall  prevent  such  free  access,  shall  pay  a fine  of  not  less  than  cue 
dollar  nor  more  than  live  dollars  for  each  offense. 

Sec.  327.  Any  butcner  or  other  person  who  shall  sweep  or 
deposite  any  dirt  or  filth  of  any  description  in  or  upon  the  Public 
passageway  or  ways  in  such  Market  stall  or  cellar  or  in  or  upon  the 
Market  grounds  or  streets  adjacent  to  said  Market,  stall  or  cellar,  shall 
pay  a fine  of  not  less  than  one  dollar  nor  more  than  fifty  dollars. 

Sec.  328.  Any  person  who  shall  kill  or  dress  any  animal  in  or 
near  any  markft,  or  who  shall  throw  or  permit  any  brine,  bones,  filth, 
slops,  offal),  water  or  other  liquid  or  other  substances  to  be  thrown 
out  of  the  doors  or  windows  or  around  or  near  any  market  house,  or 


CITY  OF  BERLIN. 


89 


stall,  except  in  places  which  shall  be  provided  for  the  purpose,  shall 
pay  a fine  of  not  less  than  one  dollar  nor  more  than  five  dollars. 

Sec.  329.  The  word  butcher,  wherever  used  in  this  article  is 
hereby  defined  to  mean  a vendor  of  meats. 

ARTICLE  XIII— BREAD. 

Sec.  330.  All  bread  baked  and  offered  and  exposed  for  sale  in 
the  City  of  Berlin  shall  be  made  of  good  wholesome  flour  or  meal 
and  be  sold  by  avoirdupois. 

Sec.  331.  All  bread  shall  be  made  into  loaves  of  one  and  a half, 
two,  two  and  a half  or  three  pounds,  A voirdupois  weight,  and  the 
numbers  indicating  the  weight  of  said  loat,  and  the  initial  letters  of 
the  name  of  the  baker  thereon. 

Sec.  332.  If  any  baker  or  other  person  shall  make  for  sale, 
offei  or  procure  to  be  sold,  any  bread  of  any  other  than  wholesome 
flour  or  meal,  or  shall  sell, or  expose  for  sale,  any  bread  contrary  to 
the  preceeding  section  of  this  article,  such  person  shall  be  subject  to 
a penalty  of  not  less  than  one  dollar  nor  more  than  ten  dollars  for 
each  and  every  such  offense. 

Sec.  333.  It  shall  be  lawful  for  any  Alderman  of  the  City,  the 
Chief  of  Pohce,  or  any  member  of  the  Department  of  the  Police, 
duly  authotized  by  the  Chief  of  Police,  to  enter,  in  the  day  time,  into 
any  bouse,  store,  shop,  bake  house,  warehouse  or  other  building, 
where  any  bread  is  baked,  stored  or  deposited,  or  offered  for  sale,  and 
also  to  stop,  detain  and  examine,  any  person  or  persons,  wagon  or 
other  vehicle  carrying  bread,  to  search  for,  view,  tiy,  and  weigh,  all 
or  any  bread  that  shall  be  there  found;  and  if,  on  any  such  search 
there  shall  be  found  any  bread  made  in  violation  of,  or  contrary  to 
any  of  the  provisions  of  this  article,  any  of  the  persons  above  named 
may  seize  such  bread,  and  sha'l  immediately  enter  complaint  before 
some  Justice  of  the  Peace  against  the  person  or  persons  gu'dty  of 
such  violation. 

Sec.  334.  "ft  henever  any  bread  shall  have  been  se  zed  for  a vio- 
lation of  any  of  the  provisions  of  this  article,  the  same  shall  be  imme- 
diately taken  to  the  office  of  the  Chief  of  Police  and  there  deposited 
and  kept,  to  be  used  on  the  trial  of  the  person  or  persons  against  whom 
complaint  is  made;  and  if  he,  she,  or  they  shall  be  convicted,  such 
bread  shall  be  retained  by  the  Chief  of  Police  until  the  fine,  if  any 
shall  have  been  imposed,  and  the  cost  of  suit  shall  have  been  satis- 
fied, provided,  that  bread  made  of  unwholesome  materials  shall  not 
in  any  case  be  returned  to  the  owner,  but  shall  be  destroyed. 

Sec.  335.  Any  person  or  persons  to  whom  any  such  bread  shall 
have  been  returned  and  delivered  up,  or  any  person  who  shall  again 


90 


ORDINANCES  OF  THE 


offer  or  expose  the  same  for  sale,  shall  for  the  second  and  every  sub- 
sequent offense  pay  a fine  of  not  less  than  twenty  dollars. 

Sec.  336.  The  provisions  of  section  331  of  this  article  shall  not 
apply  to  biscuits,  bunns,  rolls  or  fancy  bread  weighing  less  than  a 
quarter  of  a pound. 

ARTICLE  XIV. — COAL. 

Sec.  337.  In  the  sale  of  coal  the  hundred  weight  shall  consist  of 
one  hundred  pounds  Avoirdupois  and  twenty  such  hundred  weight 
fc-hall  constitute  a ton. 

Sec.  338.  Any  person  or  persons  engaged  in  the  business  of 
selling  coal  in  the  City  of  Berlin  to  be  delivered  in  said  City  shall  de- 
liver to  the  purchaser  at  the  time  of  the  delivery  of  the  coal  pur- 
chased, a certificate,  signed  by  a City  weigher,  showing  the  weight  of 
the  coal  so  delivered  and  the  weight  of  the  wagon,  cart,  or  sleigh. 

Sec.  339.  Any  person  violating  any  of  the  provisions  of  this 
article,  or  who  shall  deliver  to  any  purchaser  a less  quantity,  than  two 
thousand  pounds  of  coal  for  each  ton  purchased,  (or  a porportionate 
amount  for  any  part  of  a ton)  or  who  shall  practice  any  fraud,  or 
deceit  in  the  sale,  or  delivery  of  any  coal  purchased,  to  be  delivered, 
in  said  City,  as  aforesaid,  shall  pay  a fine  of  not  less  than  one  dollar, 
nor  more  than  twenty  dollars  for  each  ofiense. 

ARTICLE  XV. — TREES. 

Section  340.  If  any  tree  shall  be  suffered  by  the  owner  or  occu- 
pant of  the  premises  to  grow  in  such  a manner  as  to  oostruct  the  re- 
flection of  public  lamps,  it  shall  be  the  duty  of  the  Street  Commis- 
sioner to  notify  the  owner  or  occupant  of  the  premises  forthwith  to 
trim  the  same  in  the  manner  to  be  specified  in  the  notice. 

Sec.  341.  If  any  person  shall  refuse  or  neglect  to  comply  with 
such  notice,  it  shall  be  the  duly  of  the  said  Street  Commissioner  to 
cause  such  trees  to  be  trimmed,  and  the  person  sorefusing  or  neglect, 
ing  shall  pay  a fine  of  one  dollar  for  each  tree  he  was  so  notified,  and 
refused  or  neglected,  to  trim.' 

Sec.  342.  No  person,  other  than  the  owner  of  abbutting  prop- 
erty, shall  cut  down,  destroy,  break  or  in  any  way  injure,  any  tree,  or 
shrub,  standing  in  any  street  or  public  place,  except  by  permission  of 
the  Common  Council,  under  the  penally  of  not  less  than  two  dollars 
for  each  offense. 

Sec.  343.  All  trees  kept  maintained  or  cultivated  in  any  of  the 
streets  or  public  places  of  the  City  shall  have  the  boughs  or  branches 
cut  or  trimmed  close  to  the  trunk  of  the  tree,  at  least  nine  feet  above 
the  ground;  and  it  shall  not  be  lawful  to  keep,  m detain,  or  cultivate 
irees  in  any  of  the  streets  or  public  places  in  the  City  of  Berlin,  ex- 
cept in  the  manner  provided  in  this  section,  under  a penalty  of  not 
less  than  one  dollar  for  each  such  offense. 


CITY  OF  BERLIN. 


91 


ARTICLE  XVI.— LIBRARY. 

Section  344.  Any  person  who  shall  wilfully  or  maliciously  cut, 
write  upon,  injure,  deface,  tear  or  destroy  any  book,  newspaper,  plate, 
picture  or  other  thing  of  value  belonging  to  the  District  Library  of 
said  city  shall  pay  a fine  of  not  less  than  one  dollar  nor  m ore  than 
fifty  dollars  for  each  offense. 

Sec.  345.  Any  person  who  shall  fail  to  return  any  book  be- 
longing to  the  District  Library  of  this  City  according  to  the  require- 
ments of  the  by  laws  duly  made  and  adopted  by  the  Board  of  Educa- 
tion of  this  City  for  the  goverment  of  such  Library  shall  pay  a fine 
of  not  less  than  one  dollar  nor  more  than  fifty  dollars  for  each  such 
offense. 

ARTICLE  XVII.— LAMPS. 

Section  346.  Any  person  who  shall  at  any  time  light  or  ex- 
tinguish or  cause  to  be  lighted  or  extinguished,  any  public  lamp,  un- 
less he  be  authorized  so  to  do  by  the  Common  Council,  or  by  the  person 
who  is  or  shall  hereafter  be  required  to  light  and  extinguish  the  same 
under  his  contract  with  the  City,  shall  pay  a fine  of  not  less 
than  one  dollar  nor  more  than  ten  dollars  for  each  offense. 

Sec.  347.  Any  person  who  shall  break,  mutilate  or  obstruct  any 
of  the  public  lamps  in  the  City  of  Berlin  shall  pay  a fine  of  not  less 
than  one  dollar  nor  more  than  ten  dollars  for  each  offense. 

Sec.  348.  Any  person  who  shall  break,  misplace  or  carry  away 
any  of  the  street  signs  now  or  hereafter  to  be  placed  on  any  of  the 
public  lamps  unless  first  authorized  so  to  do  by  the  Common  Council 
shall  pay  a fine  of  not  less  than  one  dollar  nor  more  than  five  dollars 
for  each  offense. 

Sec.  349.  Any  person  who  shall,  without  permission  of  the  Com- 
mon Council,  take  up,  remove  or  carry  away  any  public  lamp  post  in 
the  City  of  Berlin  shall  pay  a fine  of  not  less  than  five  dollars  nor 
more  than  thirty  dollars  for  each  offense. 

Sec.  350.  Any  person  who  shall  carelessly  or  maliciously  break 
deface  or  in  any  way  injure  or  destroy  any  public  lamp  or  lamp  post 
in  this  City  or  climb  upon  (except  lawfully  to  light  or  extinguish  a 
light  therein  or  thereon,)  or  hitch  any  horse  or  other  animal  to  any 
public  lamp  post,  or  hang  or  place  any  goods  or  merchandise  thereon, 
or  place  any  goods,  boxes,  wood  or  any  oth^r  heavy  material  upon  or 
against  the  same  shall  pay  a fine  of  not  less  than  one  dollar  nor  more 
than  ten  dollars  for  each  offense. 

ARTICLE  XVIII. — ICE. 

Section  351.  No  person  shall  sell  or  offer  for  sale  any  impure 
ice  within  the  limits  of  the  City;  and  all  ice  sold,  offered  or  exposed 
for  sale  shall  be  sold  by  avoiidupois  weight,  except  in  such  cases  where 
It  may  be  otherwise  agreed  upon  between  the  buyer  and  seller. 


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ORDINANCES  OF  THE 


Sec.  352.  All  sellers  of  ice  at  the  time  of  the  delivery  thereof 
shall  be  provided  with  a suitable  steel  yard,  balance,  or  other  appara- 
tus for  weighing  duly  adjusted  and  sealed  with  which  to  weigh  the 
quantity  of  ice  -old  if  required  by  the  buyer. 

Sec.  353.  It  shall  not  be  lawful  for  the  owner  or  driver  of  any 
wagon  used  for  the  sale  of  ice  in  any  of  the  streets,  avenues  or  public 
places  in  the  City  of  Berlin,  to  permit  or  allow  the  scale,  balance 
steel  yard  or  other  aparatus  thereon,  or  the  beam  to  which  it  may  be 
attached  or  other  implements  for  handling  ice,  to  project  or  hang  out- 
side or  beyond  the  side  or  end  of  such  wagon  when  in  motion. 

Sec.  354.  Any  person  violating  any  provision  of  this  article 
shall  pay  a fine  of  not  less  than  one  dollar  nor  more  than  five  dollars, 
for  each  offense. 

ARTICLE  XIX— BRIDGES. 

Section  355.  Any  person  or  persons  who  shall  drive  or  attempt 
to  drive  any  team,  wagon,  dray  or  other  carriage,  on  or  across  the 
draw  of  any  bridge  i i the  City  of  Berlin,  while  the  same  is  opening 
or  shutting,  or  after  the  signal  is  given  by  the  bridge  tender  for  the 
opening  thereof,  and  before  the  opening  is  begun,  or  who  shall  diso- 
bey, or  resists  the  Tender  thereof,  in  his  efforts  to  keep  and  promote 
order  and  equal  convience  among  those  crossing  the  same,  sh  ill  for 
every  offense  be  fined  in  a sum  not  less  than  one  dollar  nor  exceed- 
ing ten  dollars. 

Sec.  356.  No  person  shall  ride,  lead  or  drive  any  wagon,  car- 
riage, dray,  cart,  or  other  vehicle  or  conveyance,  nor  any  horse,  mare, 
ox,  or  other  animal,  on  or  across  any  of  the  bridges  within  the  limits 
of  the  City  of  Berlin,  at  a faster  gait  or  pace  thin  a common  walk; 
and  any  person  or  persons  who  shall  be  guilty  of  a violation  of  this 
section,  shall  for  each  and  every  offense  forfeit  and  pay  to  said  City 
Berlin  the  sum  of  five  dollars,  to  be  recovered  before  any  Court  hav- 
ing jurisdiction. 

Sec.  357.  No  person  or  persons  shall  drive  or  assist  in  driving 
on  or  across  any  of  the  bridges  within  the  City  of  Berlin,  to  exceed 
eight  head  of  cattle  or  horses,  at  any  one  time,  in  a drove,  and  any 
person  violating  the  provisions  of  this  section  shall  forfeit  and  pay, 
for  each  offense,  a penalty  of  not  less  than  one  dollar  nor  more  than 
ten  dollars. 

Sec.  358.  If  any  person  or  persons  shall  unnecessarily  or  wilfully 
remain,  or  stop,  with  any  team,  or  teams,  horses,  oxen,  wagon,  sleigh, 
sled,  or  any  other  vehicle  whatever,  upon  any  of  the  bridges  within 
the  City  of  Berlin,  or  in  and  upon  the  approaches  to  any  such  bridge, 
such  person  or  persons  shall,  on  conviction  theieof,  be  fined  in  the 
sum  of  two  dollars  for  each  offense. 


CITY  OF  BERLIN. 


98 


Sec.  359.  It  shall  be  the  duty  of  all  persons  in  charge  of  any 
wagon,  dray,  carriage,  or  vehicle  of  any  kind,  to  keep  to  the  right 
when  crossing  the  bridges  upon  the  Fox  Kiver  within  the  City  of 
Berlin. 

Sec.  360.  When  a bridge  has  been  opened  and  closed,  the 
teams  and  vehicles  in  the  following  order  to-wit:  those  occupying 

the  street  upon  which  the  bridge  is  situated  shall  cross  first,  those  oc- 
cupying the  cross  streets,  and  upon  the  right  hand  side  of  the  bridge, 
shall  cross  next,  and  those  occupying  the  cross  streets,  and  upon  the 
left  hand  side  of  the  bridge,  shall  cross  next. 

Sec.  361.  No  person  shall  cross  or  attempt  to  cross,  or  break 
into  the  line  of  teams  or  vehicles  while  crossing  or  attempting  to 
cross  any  bridge,  nor  shall  any  person  disobey  or  resist  an  officer  in 
charge  of  any  bridge  or  crossing  within  said  City  of  Berlin,  and  who- 
ever shall  be  guilty  of  violating  any  of  the  provisions  of  this,  or 
either  of  the  foregoing  sections,  shall  be  liable  to  a penalty  of  not  less 
than  one  dollar  nor  more  than  ten  dollars. 

Sec.  362.  No  person  or  persons  shall  gather  in  assemblies  or 
crowds  on  any  of  the  bridges  of  the  City  of  Berlin,  or  the  approaches 
leading  to  the  same,  so  as  to  obstruct  in  any  manner  the  passage  of 
foot  passengers,  teams,  carriages  or  persons  across  the  same,  or  be 
and  remain  upon  any  of  the  sidewalks  or  main  passages  of  any  of 
the  bridges  of  the  City  of  Berlin,  nor  upon  the  railings  of  the  said 
bridges,  longer  than  will  be  necessary  to  pass  over  the  same,  under  a 
penalty  of  not  less  than  one  dollar  nor  more  than  five  dollars  for 
each  offense. 

Sec.  363.  No  band  of  Musicians  shall  play  or  beat  time,  or 
keep  step  with  each  other,  while  they  or  any  procession  or  body  of 
persons  marching  with  them,  or  any  portion  thereon  are  upon  or 
crossing  any  bridge  in  the  City  of  Berlin  under  a penalty  upon  the 
leader  or  Direclor  of  such  band  of  not  less  than  five  dollars  nor 
more  than  twenty-five  dollars  fcr  each  offense. 

Sec.  364.  Whenever  at  any  alarm  of  fire,  any  fire  engine,  hose 
cart  or  other  apparatus  shall  approach  any  bridge,  for  the  purpose  of 
crossing  the  same  towards  such  fire,  the  Bridge  Tender  shall,  if  such 
bridge  is  open  close  the  same  as  soon  as  practicable;  or  if  closed,  and 
alter  the  same  is  closed,  keep  it  closed  until  such  engine,  hose  cart 
or  other  fire  apparatus  shall  have  had  an  opportunity  to  pass  over 
such  bridge,  notwithstanding  that  vessels  may  thereby  be  delayed^ 
under  a penalty  for  a failure  to  comply  with  this  section  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  365.  The  Committee  of  the  Common  Council  on  side- 


94 


ORDINANCES  OF  THE 


walks  and  bridges  is  hereby  required  to  provide  and  maintain  at  the 
several  bridges  over  the  Fox  River,  in  the  best  and  most  practicable 
manner,  vessel  signals  as  required  by  this  article. 

Sec.  366.  Said  signals  shall  be  of  material  of  red  color  for  use 
in  the  day  time  and  shall  be  of  such  size  and  so  placed  when  elevat- 
ed that  they  may  be  readi  y seen  up  and  down  the  river.  The  signal 
for  the  night  time  shall  be  a red  lantern  of  such  size  and  so  placed 
and  arranged  when  elevated  as  to  be  easily  seen  up  and  down  the 
River  and  street. 

Sec.  367.  It  shall  be  unlawful  for  the  owner  or  owners,  officer 
or  officers  or  other  person  or  persons  in  charge  of  any  vessel  or  ves- 
sels navigating  the  Fox  River  or  any  part  thereof,  to  attempt  to  pass 
any  of  the  bridges  over  said  Fox  River  in  said  City  while  said  signal 
or  signals  are  up  or  elevated,  or  to  approach  nearer  than  the  end  of 
the  bridge  protection  of  any  of  such  bridges  at  such  times,  as  that 
the  same  may  be  injured  or  damaged,  or  while  said  bridges  or  any  of 
them  may  be  opening  or  closing. 

Sec.  368.  Any  Bridge  Tender  or  other  person  or  persons  in 
charge  of  any  bridge  within  the  City,  who  shall  violate  any  provision 
of  this  article  shall  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars nor  more  than  twenty  five  dollars  for  each  offense  and  upon  con- 
viction shall  be  removed  from  office. 

Sec.  369.  Any  person  or  persous  who  shall  violate  any  provi- 
sions of  this  article,  where  no  other  penalty  is  imposed,  shall  pay  a 
fine  of  not  less  than  five  dollars  nor  more  than  twenty  dollars 
for  each  offense. 

ARTICLE  XX. — POUNDS 

Section.  370.  No  cattle,  horses,  mules,  swine,  sheep,  geese, 
turkeys,  ducks,  chickens,  or  fowls  of  any  kind  shall  be  permitted  to 
run  at  large  in  the  City  of  Berlin,  and  any  person  being  the  owner  or 
keeper  of  any  such  cattle,  horses,  mules,  swine,  sheep,  geese,  tur- 
keys, ducks,  chickens  or  other  fowl  who  shall  permit  the  same  to  run 
at  large  in  this  City  shall  pay  a fine  of  not  less  than  one  dollar  nor 
more  than  five  dollars  for  each  offense. 

Sec.  371.  It  shall  be  lawful  for  any  person  over  eighteen  years 
of  age  to  take  up  any  animal,  animals,  or  fowl  named  in  the  proceed- 
ing section,  running  at  large  in  this  City  and  take  or  drive  the  same 
to  the  pound  or  place  provided  by  the  Common  Council  foi  that  pur- 
pose, and  for  so  doing  he  shall  receive  from  the  Chief  of  Police  when 
collected,  an  impounding  fee  of  fifty  cents  far  each  animal  so  im- 
pounded and  five  cents  for  each  fowl  so  impounded. 

Sec.  372.  The  Chief  of  Police  of  the  City  of  Berlin  shall  be  the 
keeper  of  the  public  pound,  and  it  shall  be  his  duty  to  take  up  and 


CITY  OF  BERLIN 

impound  any  such  animals  or  fowls  known  to  him  to  be  running  at 
large  within  this  city,  and  also  to  receive  and  safely  keep  in  said 
pound  all  an-mals  and  fowls  found  running  at  large  in  said  city  and 
brought  to  said  pound  as  provided  in  the  next  preceeding  section  to 
be  impounded;  and  to  enter  in  a register  to  be  kept  by  him  for  that 
purpose,  a description  of  each  animal  or  fowl  so  impounded  or  re- 
ceived by  him,  and  the  name  of  the  person  impounding  or  delivering 
the  same  to  be  impounded,  and  he  shall  notify  the  owner  of  such 
animal  or  fowl,  if  known  to  him,  of  the  impounding  of  such  animal  or 
fowl,  and  for  every  violation  of  any  provision  of  this  section,  the  per- 
son guilty  of  such  violation  shall  pay  a fine  of  not  less  than  one  dol- 
lar for  each  offense. 

Sec.  373.  There  shall  be  charged  for  each  animal  impounded 
an  impounding  fee  of  fifty  cents,  and  also  fifty  cents  for  each  day  or 
part  of  a day  for  providing  sustenance  for  each  animal  impounded 
and  five  cents  impounding  fee  for  each  fowl  impounded  and  thefurth- 
er  sum  of  five  cents  a day  for  providing  sustenance  for  each  fowl 
impounded. 

Sec  374.  The  owner  of  any  such  animals  or  fowls  so  impound- 
ed may  secure  the  release  of  such  animals  or  fowls  upon  the  pay- 
ment to  the  Chief  of  Police  of  the  impounding  fee  and  charges  for 
sustenance  as  provided  in  the  preceding  section,  within  three  days 
after  the  same  are  so  impounded.  The  Chief  of  Police  shall  retain 
therefrom  said  charges  for  such  sustenance  and  also  said  impounding 
fee,  if  said  animals  or  fowls  shall  have  been  impounded  by  him,  and 
in  case  the  same  shall  have  been  impounded  by  any  other  person  he 
shall  pay  to  such  person  the  said  impounding  fee. 

Sec.  375.  Any  such  animal,  animals,  or  fowls  not  released  as 
before  provided,  shall  be  sold  by  the  Chief  of  Police  at  public  auction 
in  this  city.  Notice  of  the  time  and  place  of  such  sale  shall  be  given, 
in  the  case  of  horses,  mules,  or  cattle,  by  publishing  such  notice  in 
any  newspaper  published  in  thi3  city,  once  in  each  week  for  three 
successive  weeks  before  the  day  of  sale,  and  in  case  of  hogs,  sheep, 
fowls,  by  posting  up  such  notice  in  at  least  six  public  and  conspicuous 
place  in  the  city  of  Berlin  at  least  six  days  prior  to  the  day  of  sale 
and  the  Chief  of  Police  shall  receive  for  his  services  in  selling  five  per 
cent  of  the  purchase  money,  provided  that  his  fee  for  the  sale  of  any 
one  animal  or  fowl  shall  not  exceed  two  dollars. 

Sec.  376.  The  money  received  at  such  sale,  after  deducting  the 
impounding  fee  and  charges  tor  keeping  the  said  animals  or  fowls 
and  expenses  for  advertising,  and  fee  for  selling,  shall  forthwith  be 
paid  to  the  city  treasurer  who  shall  give  his  receipt  for  the  same, 
and  the  Chief  of  Police  shall  immediately  after  such  sale  file  a re- 
port thereof  with  the  City  Clerk  describing  the  animals  or  fowls  so 


96 


ORDINANCES  OF  THE 


sold  and  the  amount  received  for  each  one,  and  provided  that  in  case 
said  animals  or  fowls  are  impounded  by  any  person  except  the  Chief 
of  Police,  said  impounding  fee  shall  be  forthwith  paid  to  the  person 
impounding  the  same. 

Sec.  377.  Any  person  who  shall  break  open,  or  in  any  manner 
directly  or  indirectly  aid  or  assist  in,  or  counsel  or  advise  the  break- 
ing open  of  the  city  pound,  shall  pay  a fine  of  not  less  than  one  dol- 
lar nor  more  than  ten  dollars  for  each  offense. 

Sec.  378.  Any  person  who  shall  obstruct  hinder  or  prevent  the 
apprehending  or  impounding  of  any  animals  or  fowls  found  running 
at  large  in  this  city  or  rescue  the  same  from  the  place  where  the  same 
may  be  impounded  or  kept,  shall  pay  a fine  of  not  less  than  one  dol- 
lar nor  more  than  ten  dollars  for  each  such  offense. 

ARTICLE  XXI. — HORSES. 

Section  379.  Any  person  who  shall  ride  or  drive  any  horse  or 
horses  or  other  animal  in  any  street  or  alley  in  the  city  of  Berlin, 
with  greater  speed  than  at  the  rate  of  six  miles  an  hour,  shall  pajF  a 
fine  of  not  less  than  one  dollar  nor  more  than  ten  dollars  for  each 
offense. 

Sec.  380.  Any  person  who  shall,  upon  turning  the  corner  of  any 
street  or  crossing  the  intersection  of  any  street  in  the  city  of  Berlin, 
drive  or  ride  any  horse  or  horses  or  other  animals  with  greater  speed 
than  at  the  rate  of  four  miles  an  hour  shall  pay  a fine  of  not  less 
less  than  one  dollar  nor  more  than  ten  dollars  for  each  offense. 

Sec.  381.  Any  person  who  shall  ride  or  drive  any  horse  or 
horses  or  other  animal  in  or  through  any  alley  in  the  city  of  Berlin 
or  at  the  time  of  issuing  from  or  quitting  such  alley,  with  a 
greater  rate  of  speed  than  a walk,  shall  pay  a fine  of  not  less  than  one 
dollar  nor  more  than  ten  dollars  for  each  offense. 

Sec.  382  Any  person  who  shall  suffer  or  permit  any  horse  or 
horses  to  go  loose  or  at  large  in  any  of  the  streets  or  alleys  in  the 
City  of  Berlin , shall  pay  a fine  of  not  less  than  one  dollar  nor  more 
than  ten  dollars  for  each  offense. 

Sec.  383.  Any  person  who  shall  suffer  or  permit  to  go,  or  lead, 
or  ride  or  drive,  any  horse  upon  any  sidewalk  in  the  City  of  Berlin, 
except  in  removing  snow  therefrom,  shall  pay  a fine  of  not  less  than 
one  dollar  nor  more  than  five  dollars  for  each  offense. 

Sec.  384.  Any  person  who  shall  run  or  race  any  horse  in  any 
public  street,  road,  or  avenue  in  the  City  of  Berlin,  or  shall  consent 
to  or  suffer  any  such  racing  shall  pay  a fine  of  not  less  than  one  dol- 
lar nor  more  than  ten  dollars  for  each  offense. 

Sec.  385.  The  last  preceding  section  of  this  article  shall  be  con- 
strued to  prevent  and  punish  the  running,  racing,  or  trotting  of  any 


CITY  OF  BERLIN. 


97 


horse  or  horses  for  any  trial  of  speed  or  for  the  purpose  of  passing  any 
other  horse  or  horses  whether  the  same  shall  be  founded  upon  any 
stake  bet  or  otherwise. 

Sec.  386.  Any  person  who  shall  show  or  expose  for  sale  at  auc- 
tion any  horse  or  other  animal  in  any  street,  alley  or  avenue  in  the 
City  of  Berlin,  shall  pay  a fine  of  not  less  than  one  dollar  nor  more 
than  five  dollars  for  each  offense. 

Sec.  387.  Any  person  who  shall  lead,  ride  or  drive  any  horse  or 
horses  or  other  animal,  over  or  upon  any  of  the  bridges  in  the  City  of 
Berlin  at  any  other  pace  than  a walk,  shall  pay  a fine  of  five  dollars 
for  each  offense. 

Sec.  388.  A ny  person  who  shall  leave  any  horse,  horses  or  other 
animal  attached  to  any  carriage,  wagon,  cart,  sleigh  or  sled  or  other 
vehicle  in  any  part  of  the  streets,  avenues,  alleys  or  lanes  of  this  city, 
without  securely  fastening  such  horse,  horses,  or  other  animals,  shall 
pay  a fine  of  not  less  than  one  dollar  nor  more  than  five  dollars  for 
each  offense. 

ARTICLE  XXII.— DOGS. 

Section.  389.  It  shall  not  be  lawful  hereafter  to  permit  any  dog 
to  go  abroad  loose,  or  at  large,  in  any  of  the  public  streets,  avenues, 
alleys,  parks  or  places,  within  the  the  City  of  Berlin,  unless  the  keep- 
ing of  such  dog  shall  have  been  licensed  and  unless  the  said  dog 
shall  be  muzzled  as  hereinafter  provided. 

Sec.  390.  Every  owner,  possessor  or  person,  who  harbors  or 
keeps  any  dog  within  the  limits  of  the  City  of  Berlin  shall  annually 
pay  to  the  City  Treasurer  the  sum  of  one  dollar  for  every  male  deg 
and  the  sum  of  two  dollars  for  every  female  dog  and  cause  such  dog 
to  be  registered  in  the  office  of  the  City  Clerk  in  a book  to  be  kept  for 
that  purpose,  and  also  to  obtain  from  said  Clerk  the  metal  tag  herein- 
after required  to  be  furnished  to  said  Clerk  by  the  Mayor,  and  there- 
upon such  owner,  possessor  or  person  shall  be  licensed  to  keep  such 
dog  as  herein  provided  until  the  first  day  of  May  next  following. 

Sec.  391.  The  Mayor  shall  provide  each  and  every  year  such 
number  of  metal  tags  as  may  be  necessary  of  such  size  and  shape  as 
he  may  deem  expedient  (shape  to  be  changed  each  year),  hav- 
ing stamped  thereon  a number  indicating  the  year  for  which  the  tax 
is  paid,  the  number  of  each  license  and  the  words  “City  of  Berlin  dog 
tag,”  and  deliver  the  same  to  the  City  Clerk,  and  it  shall  be  the  duty 
of  the  City  Clerk  to  deliver  one  of  such  metalic  plates  to  the  person 
so  paying  the  tax  on  any  such  dog. 

Sec.  392.  The  owner  possessor  or  keeper  of  any  such  dog,  shall 
cause  every  dog  so  licensed  to  wear  a collar  around  his  neck  with  the 
metal  tag  aforesaid  securely  fastened  to  it.  Every  dog  so  licensed 


98 


ORDINANCES  OF  THE 


when  in  the  streets,  alleys,  parks  and  public  places  in  this  city,  shall, 
during  the  months  of  June,  July,  August,  and  September  in  every  year, 
wear  a good  and  substantial  wire  or  leathern  muzzle  securely  put  on 
and  fastened  so  as  to  prevent  him  from  biting,  and  every  dog  that  is 
not  so  secured  and  muzzled,  although  he  01  she  is  licensed,  shall  during 
said  months  be  seized  and  destroyed  the  same  as  if  no  license  had 
been  granted. 

Sec.  393.  The  provisions  of  this  article,  except  those  relating  to 
the  muzzling  of  dogs,  shall  not  apply  to  dogs  owned  by  non-residents 
remaining  temporarily  or  passing  through  this  city. 

Sec.  394.  It  is  hereby  made  the  duty  of  all  police  officers  of  said 
city  to  kill  and  destroy  in  a summary  manner  any  dog  found  within 
said  city  which  has  not  been  licensed  as  herein  provided  or  which 
having  been  license  shall  not  have  the  collar  and  tag  before  mentioned 
attached  to  the  same  or  which  shall  not  be  muzzled  during  the 
months  of  June,  July,  August  and  September  as  herein  provided. 

Sec.  395.  No  person  shall  hinder  the  killing  or  destruction  of  any 
dog  which  it  is  made  the  duty  of  the  Police  Officers  to  kill  and  des- 
troy. 

Sec.  396.  Any  dog  at  large  in  any  of  the  streets,  alleys  or  public 
grounds  of  thL-  City,  contrary  to  the  provisions  of  this  article  is  hereby 
declared  to  be  a public  nuisance.  Any  person  who  shall  violate  this  article 
or  any  provi«ion  thereof  shall  pay  a fine  of  not  less  than  one  dollar  nor 
more  than  five  dollars  in  the  discretion  of  the  court,  besides  the 
costs  of  prosecution,  and  in  default  of  immediate  payment  thereof 
shall  be  committed  to  and  confined  in  the  watch  house  of  said  city  un- 
til fine  and  costs  are  paid;  such  confinement  however  not  to  exceed 
thirty  days. 

article  xxiii.— cemeteries. 

Section.  397.  The  improvement  committee  of  the  Common  Coun- 
cil, in  addition  to  the  duties  required  of  them  by  law,  shall  have  the  gen- 
eral care  and  oversight  of  Oakwood  Cemetery  in  the  City  of  Berlin 
including  the  additions  made  thereto  made  by  C.  A.  Mather  and 
Harrington,  and  it  shall  be  the  duty  of  said  committee  to  cause  the 
same  to  be  properly  and  suitably  fenced,  and  that  such  fences  are 
maintained  by  the  persons  who  by  law  are  bound  to  fence  the  same, 
such  fences,  and  gates  constructed  in  the  same,  to  be  made  of  suit- 
able material  and  of  lawful  height. 

Sec.  398.  It  shall  further  be  the  duty  of  said  committee  to  nom- 
inate and  appoint  by,  and  with  the  consent  of  the  Common  Council 
of  the  City  of  Berlin,  an  overseer  whose  duty  it  shall  be  to  perform 
such  labor  in  and  about  said  cemetery  in  the  cleaning  up  the  same, 
and  the  walks  and  roads  therein,  and  such  other  labor,  as  shall  be 
required  ot  him  by  said  committee. 


CITY  OF  BERLIN.  99 

Sec.  899.  Said  overseer  shall,  under  the  direction  of  said  com- 
mittee, perform  such  labor  in  and  about  said  cemetery  as  he  may  be 
required  to  do  by  the  owners  of  lots  or  parcels  of  land  therein,  and  he 
shall  collect  for  such  labor  of  such  owner  or  owners  such  sum  as  shall 
be  a just  and  fair  compensation  for  such  labor  and  which  sum,  when 
so  collected,  shall  be  paid  by  said  oyerseer  to  the  Treasurer  of  the  City 
and  said  overseer  shall  make  a written  statement,  under  oath,  to  the 
Common  Council,  on  the  first  day  of  May,  in  each  year  and  quarter 
yearly  thereafter,  showing  the  persons  from  whom,  and  the  labor  for 
which,  and  the  amount  of  money  so  collected  for  such  labor. 

Sec.  400.  Said  overseer  shall  prepare  the  graves  and  bury  the 
dead  that  may  be  interred  in  said  cemetery  and  may  collect  therefor, 
of  the  person  by  which  he  shall  be  employed  to  prepare  such  grave, 
not  more  than  three  dollars  for  an  adult  nor  more  than  two  dollars 
and  fifty  cents  for  a child.  Said  overseer  shall  also  keep  close  watch 
of  the  gates  and  fences  surrounding  said  cemetery,  and  shall  at  all 
times  keep  such  gates  closed,  and  immediately  notify  the  chairman 
of  said  committee  of  any  want  or  repair  in  any  such  gate,  or  fence, 
and  said  overseer  shall  keep  all  cattle,  swine,  or  poultry  out  of  said 
cemetery,  and  shall  promptly  impound  any  such  found  at  large  there- 
in. 

Sec.  401.  No  person  or  persons  unless  permitted  so  to  do  by  the 
said  committee  shall  prepare  any  grave  in  said  cemetery  for  the  bur- 
ial of  the  dead  therein. 

Sec.  402.  Any  person  who  shall  leave  open  any  gate,  or  other 
entrance,  in  any  fence  enclosing  said  cemetery,  or  who  shall  lay 
down,  or  open,  any  such  fence,  except  in  the  repair  of  the  same,  or 
who  shall  mark,  deface,  or  injure,  or  destroy,  any  fence,  monument, 
slab,  graye,  or  inclosure,  or  who  shall  deface,  mark,  or  injure  any, 
graye  stone  or  any  other  erection  in  said  cemetery,  or  who  shall 
pick  up,  remove,  carry  away,  or  purloin,  from  any  grave  or  lot  in  sai  l 
cemetery,  except  his  own,  any  plant,  flower,  ornament,  or  any  other 
thing,  shall  pay  a fine  of  not  less  than  one  dollar,  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec.  403.  Any  person  who  shall  refuse  or  neglect  to  build  or  re- 
pair any  gate,  or  fence  in  said  cemetery  (which  by  law  he  is  bound 
by  law  to  repair)  when  required  by  said  committee,  shall  be  liable  to 
the  City  of  Berlin  for  the  money  expended  in  building  such  gate  or 
fence,  under  the  direction  of  said  committee,  it  being  made  the  duty 
of  said  committee  in  case  of  such  refusal  or  neglect  to  build  or  repair 
the  same  in  a suitable  manner. 

ARTICLE  XXIV. — HEALTH. 

Section.  404.  No  person  shall  hereafter  erect,  or  cause  to  be 
erected,  or  converted  to  a new  purpose  by  an  alteration,  any  build- 


100 


ORDINANCES  OF  THE 


ing  or  structure  which,  or  any  part  of  which,  shall  be  inadequate  or 
defective  in  respect  to  ventilation,  light,  sewerage  or  any  of  the  usual 
proper  or  necessary  provisions  or  precautions  for  the  preservation  of 
health,  or  shall  be  the  builder,  lessee,  tenant  or  occupant  of  any  such, 
or  of  any  other  building  or  structure  having  the  right  or  ability  to 
remedy  or  prevent  the  same,  cause  or  allow  any  matter  or  thing  to 
be,  or  to  be  done  in  or  about  any  such  building  or  structure  danger- 
ous or  prejudicial  to  health. 

Sec.  405.  No  owner  agent  or  lessee  of  any  building,  or  any  part 
thereof,  shall  lease  or  let,  or  hire  out  the  same  or  any  portion  thereof, 
to  be  occupied  by  any  person  or  allow  the  same  to  be  occupied  by  any 
person,  or  allow  the  same  to  be  occupied  as  a place  in  which  any  one 
may  dwell  or  lodge  except  when  said  buildings  or  such  parts  thereof 
are  sufficiently  lighted,  ventilated,  provided  and  accommodated,  and 
in  all  respects  in  that  condition  of  cleanliness  an  1 wholesorneness  for 
which  this  article  or  any  law  of  this  state  provides  or  in  which  they  ©r 
either  of  them  require  any  such  premises  to  be  kept. 

Sec.  406.  No  person  being  the  owner,  proprietor,  lessee,  mana- 
ger, or  superintendent  of  any  store,  factory,  workshop  or  other  struct- 
ure or  place  of  employment  where  workmen  and  workwomen  are 
employed  for  wages,  shall  cause,  permit  or  allow  the  same  or  any 
portion  or  apartment  of,  or  any  room  in  said  store,  factory,  workshop 
or  other  structure  of  place  of  employment  to  be  overcrowded  ©r  in- 
adequate, faulty  or  insufficient  in  respect  of  ventilation  and  cleanli- 
ness; and  in  every  such  building  or  apartment,  or  room  of  ahy  such 
building,  where  one  or  more  persons  are  employed  as  afoiesaid,  at 
least  five  hundred  cubic  feet  of  air  space  shall  Le  allowed  to  each  and 
every  person  employed  therein  and  the  air  changed  or  renewed  by 
ventilation  at  least  once  in  every  twenty  minutes  during  the  hours  of 
employment. 

Sec.  407.  All  such  places  of  employment  of  service  shall  be 
kept  in  a cleanly  condition,  free  from  the  effluvia  of  a sewer,  drain, 
privy,  stable  or  other  nuisance;  also  as  far  as  practical  from  all  gases, 
vapours,  dust  or  other  inpuritus  generated  by  manufacturing  pur- 
poses or  otherwise  and  injurious  to  health.  Sufficient  and  seperate 
privies  andurinals  shall  be  provided  for  male  and  female  employees 
and  such  privies  shall  be  ventilated. 

Sec.  408.  The  Board  of  Health  shall  visit  or  cause  to  be  visited 
by  an  officer,  all  such  places  of  employment  or  service  within  the 
city,  at  least  once  a month,  to  see  that  the  provisions  of  this  article 
are  complied  with,  and  shall  have  such  arrangements  ma  e as  may 
be  deemed  necessary  for  the  safety  and  health  of  the  employees 
pursuant  to  the  terms  of  this  article,  and  such  laws  as  may  be  in  force 
concerning  health  and  sanitary  measures. 


CITY  OF  BERLIN. 


101 


Sec.  409.  That  every  person  who  shall  be  the  owner,  lessee  or 
keeper,  or  manager  of  any  tenement-house,  boarding-house,  lodging- 
house,  or  manufactory,  shall  provide  or  cause  to  be  provided  for  the 
accommodation  thereof  and  for  the  use  of  the  tenants,  lodgers,  board- 
ers and  workers  thereat,  adequate  privies  or  water-closets,  and  the 
same  shall  be  so  adequately  ventilated,  and  shall  at  all  times  be  kept 
in  such  cleanly  and  wholesome  condition  as  not  to  be  offensive,  or  be 
dangerous  or  detrimental  to  health.  And  no  offensive  smell  or  gases 
from  or  through  any  outlet  or  sewer,  or  through  any  such  privy  or 
water-closet,  shall  be  allowed  by  any  person  aforesaid  to  pass  into 
such  nouse  or  any  part  thereof  or  into  any  other  house  or  building. 

Sec.  410.  Every  owner,  lessee  and  tenant,  and  manager  of  any 
boarding-house  or  manufactory  shall  cause  every  part  thereof  and  its 
appurtenances  to  be  put,  and  shall  thereafter  cause  the  same  to  be 
kept  in  a clean  and  wholesome  condition,  and  shall  speedily  cause 
every  apartment  thereof  in  which  any  person  may  sleep,  dwell  or 
work,  to  be  adequately  lighted  and  ventilated;  and  if  the  same  be  a 
manufactory,  shall  cause  every  part  thereof  in  which  any  person  may 
work  to  be  maintained  at  such  temperature,  and  be  provided  with 
such  accommodations  and  safeguards  as  not  by  reason  of  the  want 
thereof,  or  of  anything  about  the  condition  of  any  such  manufactory 
or  its  appurtenances,  to  cause  unnecessary  danger  or  detriment  to 
the  health  of  any  person  being  properly  therein  or  thereat. 

Sec.  411.  That  no  person  having  the  right  and  power  to  prevent 
the  same,  shall  knowingly  cause  or  permit  any  person  to  sleep  or 
remain  in  any  cellar,  or  in  any  place  dangerous  or  prejudicial  to 
health,  by  reason  of  a want  of  ventilation  or  drainage,  or  by  reason 
of  the  presence  of  any  poisonous,  noxious  or  offensive  substance  or 
otherwise. 

Sec.  412.  That  no  person  having  the  right  and  power  to  prevent 
the  same,  shall  knowingly  cause  or  permit  any  child  under  fifteen  years 
of  age,  to  be  employed  at  night  in  any  place  where  machinery  is  used 
or  more  than  eight  hours  in  any  day,  at  any  trade  or  employment, 
and  then  only  between  the  hours  of  seven  o’clock  a.  m.  and  six 
o’clock  P.  M. 

Sec.  413.  The  roof  of  every  house  shall  be  kept  in  good  repair 
and  so  as  not  to  leak,  and  rain  water  shall  be  so  drained  or  conveyed 
therefrom  as  to  prevent  its  dripping  on  the  ground,  or  causing  damp- 
ness in  the  walls,  yard,  or  area. 

Sec.  414  Every  such  building  shall  be  provided  with  good  and 
sufficient  water-closets  or  privies,  and  shall  have  proper  doors,  traps, 
soil-pans  and  other  suitable  works  and  arrangements,  so  far  as  may 
be  necessary  to  insure  the  efficient  operation  thereof. 


102 


ORDINANCES  OF  THE 


Sec.  415.  Such  water  closets  or  privies  shall  not  be  less  in  num- 
ber than  one  to  every  twenty  occupants  of  said  house;  but  water 
closets  or  privies  may  be  used  in  common  by  the  occupants  of  any 
two  or  more  houses,  provided  the  access  is  convenient  and  direct, 
and  provided  the  number  of  occupants  in  the  houses  for  which  they 
are  provided  shall  not  exceed  the  proportion  above  required  for 
every  water  closet  or  privy. 

Sec.  416.  That  every  agent,  or  other  person  having  the  charge, 
control  or  management,  or  who  collects  or  receives  the  rents  of  any 
lands,  premises  or  other  property  in  the  City,  shall  disclose  the  name 
or  names  of  the  owner  or  owners  of  such  land,  premises  or  property, 
or  the  name  or  names  of  the  person  or  persons  for  whom  such  agent  or 
other  person  is  acting,  upon  application  being  made  therefore  by  any 
member  of  the  Board  of  Health  of  the  City  of  Berlin. 

Sec.  417.  No  keepei  or  other  officer  having  control  or  authority 
in  any  city  watch-house,  lock-up,  station,  or  other  place  where  any 
person  may  be  kept  or  confined,  shall  needlessly  or  illegally  cause  or 
allow  any  peril  or  detriment  to  the  health  of  any  such  person  by  rea- 
son « f too  little  or  too  much  heat,  or  of  a want  of  food,  drink  or  of 
ventilation,  or  from  the  want  or  neglect  of  any  other  reasonable  care, 
protection  or  precaution. 

Sec.  418.  No  person  shall  throw,  place  or  deposit,  or  cause  to 
be  thrown,  placed,  or  deposited,  any  dung,  carrion,  dead  animal, 
offal,  or  putrid  or  unwholesome  substance,  or  the  contents  of  any 
privy  upon  the  margin  or  banks  of  the  Fox  River  within  the  limits  of 
the  City  of  Berlin,  or  upon  any  public  grounds,  or  upon  any  lot  with- 
in limits  of  said  City. 

Sec.  419.  No  person  shall  permit  or  have  any  offensive  water  or 
other  liquid  or  substance  on  his  premises  or  grounds  to  the  prejudice 
of  life  or  health  whether  for  use  in  any  trade  or  otherwise,  and  no  es- 
tablishment of  place  of  business  for  tanning,  skinning  or  scouring,  or 
for  dressing  hides  or  leather  or  for  carrying  on  any  offensive  or  nois- 
ome trade  or  business,  shall  hereafter  be  opened,  started  or  established 
in  the  City  of  Berlin  without  a permit  from  the  Common  Council,  and 
every  such  establishment  now  existing  shall,  be  kept  cleanly  and 
wholesome,  and  be  so  conducted  in  every  particular  as  not  to  be  of- 
fensive or  prejudicial  to  life  or  health. 

Sec.  420.  No  swill,  brine,  urine  of  animals,  or  other  offensive  an- 
mal  substance  , nor  any  stinking,  noxious  liquid,  or  other  filthy  mat- 
ter of  any  kind,  shall  by  any  person  be  allowed  to  run  or  fall  from 
out  of  any  building,  vehicle  or  erection  into  or  upon  any  street  or 
public  place  or  to  betaken  and  put  therein  except  as  hereinelsewhere 
provided. 


CITY  OF  BERLIN, 


103 


Sec.  421.  No  butcher’s  offal  or  garbage,  nor  any  dead  animals, 
nor  any  putrid  or  stinking  animal  or  vegetable  matter  shall  be  thrown 
by  any  person,  or  allowed  to  go  into  any  street,  place,  sewer  or 
receiving  basin,  or  into  ihe  Fox  River,  or  into  any  standing  or  run- 
ning water,  or  excavation,  or  upon  any  ground  or  premises  in  said 
City. 

Sec.  422.  No  person  shall  draw  off’,  or  allow  to  run  off  into  any 
ground,  street,  or  place  in  said  City,  the  contents  (or  any  part  thereof) 
of  any  yault,  privy,  cistern,  cess-pool,  or  sink:  nor  shall  any  owner, 
enant  or  occupant  of  any  building  to  which  any  vault,  sink,  privy  or 
cess-pool  shall  appertain  or  be  attached,  permit  the  contents  or  any 
part  thereof  to  flow  therefrom,  or  to  rise  within  one  foot  of  any  part 
of  the  top,  or  the  said  contents  to  become  offensive;  nor  shall  any 
privy  or  other  erection  in  this  section  mentioned,  be  filled  with  or 
covered  with  dirt  till  its  filthy  contents  shall  be  emptied. 

Sec.  423.  No  person  shall  throw  into  or  deposit  in  any  vault, 
sink,  privy,  or  cesspool  any  offal,  ashes,  meat,  fish,  garbage,  or  other 
substance  except  that  of  which  any  such  place  is  the  appropriate 
recepticle;  nor  shall  any  slops  or  kitchen  waste  be  permitted  to 
run  into  any  privy  or  cesspool. 

Sec.  424.  That  neither  the  contents  of  any  such  tub,  or  of  any 
lecepticle,  cesspool,  privv,  vault,  sink  or  water  closet,  cistern,  or  any 
thing  in  any  room,  excavation,  vat  building,  premises  or  place,  shall 
be  allowed  to  become  a nuisance  or  offensive  so  as  to  be  dangerous 
or  prejudicial  to  health. 

Sec.  425.  No  lime,  ashes,  coal,  dry  sand,  hair,  feathers  or  other 
substance  that  is  in  a similar  manner  liable  to  be  blow  by  the  wind, 
shall  be  seived  or  aggitated  or  exposed;  nor  shall  any  mat,  carpet  or 
cloth  be  shaken  or  beaten,  nor  any  cloth,  yarn,  garment  or  material 
or  substance  be  scoured,  cleaned  or  hung,  nor  any  business  be  con- 
ducted over,  or  in  any  street  or  public  place,  or  where  it  or  particles 
therefrom,  or  set  in  motion  thereby,  will  pass  into  any  such  street  or 
public  place  or  into  any  occupied  premises;  that  neither  any  usual 
nor  any  reasonable  precaution  shall  be  omitted  by  any  persons  to 
prevent  fragments  or  other  substances  from  falling  to  the  peril  of 
life  or  dust  and  light  material  flying  into  any  street,  place  or  build- 
ing, from  any  building  or  erection  while  the  same  is  being  altered, 
repaired  or  demolished  or  otherwise. 

Sec.  426.  No  part  of  the  contents  of  any  privy,  vault,  sink,  cess- 
pool, except  substances  other  than  excrements  insoluble  in  water,  or 
any  accumulation  of  any  offensive  fluid,  liquid  or  semi-liquid  sub- 
stance or  material  being  in  any  excavation,  cellar  or  place  within  the 
limits  of  the  City  of  Berlin,  shall  be  remove  therefrom,  nor  shall  the 
same  be  transported  through  any  of  the  streets  or  avenues  of  said  City, 


104 


ORDINANCES  OF  THE 


unless  and  except  the  same  shall  be  removed  and  transported  by 
means  of  an  airtight  apparatus,  or  in  such  a manner  as  shall  prevent 
entirely  the  escape  of  any  noxious  or  offensive  odors  therefrom  and 
by  a permit  from  the  Board  of  Health. 

Sec.  427.  The  proper  officers  and  authorities  shall,  to  the  ex- 
tent of  their  power  and  ability,  cause  the  sewers  and  drainage  of 
said  City  to  be  so  well  located  and  constructed,  so  adequate  in  size, 
and  to  be  so  kept  in  repair  and  cleaned,  and  so  adequately  supplied 
with  water,  and  with  such  proper  arrangements  and  construction  in 
every  particular  that  life  and  health  shall  not  be  needlessly  exposed 
or  suffer  unnecessary  peril  or  detriment  by  their  neglect,  or  by  rea- 
son of  the  defects  or  deficiencies  of  any  sewer  or  drainage  or  the  want 
thereof. 

Sec.  428.  No  water  closet,  sins,  tub,  vat,  or  other  structure  shall 
hereafter  be  constructed  within  the  City  of  Berlin  having  connection 
with,  or  by  any  sewer  or  underground  passage,  unless  the  same  is 
provided  with  adequate  or  the  best  generally  approved  constructions 
and  precautions  for  preventing  gasses  and  other  offensive  currents, 
substances  and  smells  from  passing  up  or  out  through  such  connec- 
tion from  such  sewer  or  passage;  nor  shall  any  such  water  closet  or 
privy  be  constructed  without  adequate  provision  for  the  effectual  and 
proper  ventilation  and  cleansing  thereof. 

Sec.  429.  No  part  of  the  contents  of  or  substances  from  any 
sink,  privy  or  cess  pool,  nor  any  manure,  ashes,  garbage,  offal,  rub- 
bish, dirt,  nor  any  refuse  waste  or  thing  which  by  decomposition 
could  or  would  become  offensive  to  human  beings  or  detrimental  to 
health,  or  create  or  tend  to  create  a nuisance,  shall  be  by  any  person 
thrown,  deposited,  or  placed  upon  any  street  or  public  place,  nor 
upon  any  vacant  lot  of  land  or  vacant  place  upon  the  surface  of  any 
lot  of  land  within  the  City  of  Berlin,  whether  such  lot  being  enclosed  or 
otherwise,  without  the  written  permission  of  the  Board  of  Health  nor 
shall  any  of  said  substances  be  allowed  by  any  person  to  run  or  drop 
from  the  premises  occupied  by  such  person,  into  or  upon  any  street 
or  public  place,  nor  upon  any  vacant  lot  of  land,  or  vacant  place  up- 
on the  surface  of  any  lot  of  land  in  said  City,  nor  shall  the  same 
be  thrown,  deposited  or  placed  by  any  person  nor  allowed  to  fall 
or  to  run  from  the  premises  occupied  by  such  person,  into  the  river 
unless  through  the  proper  underground  connection;  and  it  shall  be 
the  duty  of  every  person  knowing  of  the  violation  of  this  article  to 
report  the  same,  and  if  known,  the  name  of  the  person  violating  it, 
together  with  the  residence  of  such  person  and  the  facts  concerning 
such  violation  to  the  Board  of  Health  within  forty  eight  hours  after 
such  violation . 


CITY  OF  BERLIN. 


105 

Sec.  430.  That  every  tub  or  other  recepticle  in  any  necessary  house 
sink  or  privy  or  place,  or  allowed  to  stand  therein  by  any  owner 
tenant  or  occupant  of  any  building  or  premises,  and  used  to  contain 
any  liquid  or  partially  liquid  substance,  shall  be  sufficiently  strong 
perfectly  tight  and  adequately  provided  with  a strong  cover  and 
with  hoops  and  handles;  shall  not  be  allowed  to  be  filled  to  within  four 
inches  of  any  part  of  the  top,  and  shall  not  be  allowed  or  its  contents  to 
be  offensive  and  the  provisionsof  this  article  relative  to  emptying  cess- 
pools and  to  throwing  any  substances  therein  shall  apply  to  said 
tubs  and  receptacles  as  if  here  repeated  and  applied  thereto. 

Sec  431.  No  person  shall  throw,  drop  or  allow  to  fall  into  the 
river,  or  into  any  street  or  place,  any  substance  being  or  having  been 
part  of  the  contents  of  any  such  vault,  cesspool,  privy,  sink,  tub  or 
receptacle,  or  any  offal. 

Sec.  432.  No  meat,  fish,  birds,  or  fowls,  or  vegetables,  nor  any 
milk,  not  being  then  healthy,  fresh,  sound,  wholesome,  and  safe  for 
human  food,  nor  any  meat  or  fish  that  died  by  disease,  or  accident, 
shall  be  brought  within  said  City,  or  offered,  or  held  for  sale,  in  any 
public  or  private  market  as  such  food  anywhere  in  said  City. 

Sec.  433.  No  calf,  pig,  or  lamb,  or  the  meat  thereof,  shall  be 
brought,  held,  or  offered  for  sale  as  such  food,  within  this  City, 
which  at  the  date  of  its  death  (being  a calf)  was  less  than  four  weeks 
old;  or  (being  a pig)  wits,  when  killed,  less  than  five  weeks  old;  or 
(being  a lamb)  was,  when  killed,  less  than  eight  weeks  old.  Nor  shall 
any  meagre,  sickly,  or  unwholesome  fish,  birds,  or  fowls  be  brought, 
held,  sold,  or  offered  for  sale  as  such  food,  in  said  City. 

Sec.  434.  No  cattle  shall  be  killed  for  human  food  while  in  an 
overheated,  feverish,  or  diseased  condition. 

Sec.  435.  No  meat  or  dead  animal  above  the  size  of  a rabbit 
shall  be  taken  to  any  public  or  private  market  for  food,  until  the 
same  shall  have  been  fully  cooled  after  the  killing,  nor  until  the  en- 
trails, head  (unless  the  same  be  skinned),  hides,  horns  and  feet  shall 
have  been  removed;  nor  shall  gut-fat,  or  any  unwholesome  or  often* 
sive  matter  or  thing  be  brought  to,  or  near  any  such  market. 

Sec.  436.  No  decayed  or  unwholesome  vegetables  shall  be 
brought  into  said  City,  to  be  consumed  or  offered  for  sale  for  human 
food,  nor  shall  any  such  articles  be  kept  or  stored  therein. 

Sec.  437.  No  person  being  the  manager  or  keeper  of  any  sa- 
loon, boarding-house,  or  lodging-house,  or  being  employed  as  a clerk, 
servant,  or  agent  thereat,  shall  therein  or  thereat  offer  or  have  for 
food  or  drink,  or  to  be  eaten  or  drank,  any  poisonous,  deleterious  or 
unwholesome  substance,  or  allow  anything  therein  to  be  done,  or  to 
occur  prejudicial  to  health. 


106 


ORDINANCES  OF  THE 


Sec.  438.  No  caised,  blown,  plaited,  raised,  stuffed,  putrid,  im- 
pure or  unhealthy  or  unwholesome  meat,  fish,  bird  or  fowl,  shall  be 
held,  bought  or  sold,  or  offered  for  sale  for  human  food,  or  held  or 
kept,  in  any  market,  public  or  private,  or  any  public  place  in  said 
City. 

Sec.  439.  No  meat,  fish,  vegetables  or  milk,  or  unwholesome 
liquid,  shall  knowingly  be  bought,  sold,  held,  offered  for  sale,  labelled 
or  any  representations  made  in  respect  thereof,  under  a false  name 
or  quality,  or  as  being  what  the  same  is  not  as  respects  wholesome- 
ness, soundness  or  safety  for  food  or  drink. 

Sec.  440.  Every  person  being  the  owner,  lessee  or  occupant  of 
any  room,  stall  or  place  where  any  meat,  fish  or  vegetables,  designed 
or  held  for  human  food,  shall  be  stored  or  kept  or  shall  be  hold  or 
offered  for  sale,  shall  put  and  keep  such  room,  stall  or  place  and  its 
appurtenances  in  a clean  and  wholesome  condition;  and  every  per- 
son having  charge,  or  being  interested,  or  engaged,  whether  as  prin- 
cipal or  agent,  in  the  case,  or  in  respect  to  the  custody  or  sale  of  any 
meat,  fish,  birds,  fowl  or  vegetable  designed  for  human  food,  shall  put 
and  preserve  the  same  in  a clean  and  wholesome  condition,  and  shall 
not  allow  the  same  or  any  part  thereof,  to  be  poisoned,  infected  or 
rendered  unsafe  or  unwholesome  for  human  food. 

Sec.  441.  No  butcher  or  dealer  shall  keep  in  any  market,  any 
refrigerator  or  ice  box,  unless  the  same  shall  be  lined  with  lead  or 
some  proper  substance  so  as  to  be  water  tight,  nor  unless  the  same 
be  provided  with  a pipe  of  lead,  zinc  or  copper  leading  therefrom  to 
the  proper  waste  pipe. 

Sec.  442.  It  shall  be  the  duty  of  every  person  knowing  of 
any  fish,  meat,  fowls,  birds.or  vegetables  being  bought,  sold,  or  offered, 
or  held  for  sale  as  food  for  human  beings,  or  being  in  any  market , 
public  or  private  in  said  City  and  not  being  sound,  healthy  oi  whole- 
some for  such  food,  to  forthwith  report  such  facts  and  the  particular 
relating  thereto  to  the  Board  of  Health,  or  to  some  member  of  such 
Board. 

Sec.  443.  If  any  person  shall  expose  for  sale  in  any  market 
house  or  elsewhere  in  said  city,  any  emaciated,  tainted  or  putrid  meat 
or  provisions,  which  from  these  or  other  causes  may  be  deemed  un- 
wholesome, such  person  shall  upon  conviction  pay  a fine  of  not  less 
than  one  dollar  nor  more  than  one  hundred  dollars  for  each  and 
every  offense. 

Sec.  444.  No  person  shall  have  at  any  place  where  milk,  butter 
or  cheese  is  kept  for  sale,  nor  shall  at  any  place,  sell  or  deliver  or 
offer  or  have  for  sale  or  keep  for  use,  nor  shall  any  person  bring  or 
send  to  said  City  any  unwholesome,  skimmed,  watered  or  adulterated 


OITY  OF  BERLIN, 


107 


milk,  or  milk  known  as  “swill  milk,”  or  milk  from  cows  or  other 
animals  that  for  the  most  part  have  been  kept  in  stables  or  that  have 
been  fed  on  swill,  or  milk  from  sick  or  diseased  cows  or  other  anim- 
als, or  any  butter  or  cheese  made  from  any  such  milk  or  any  unwhole- 
some butter  or  cheese. 

Sec.  445.  No  person  shall  allow  to  run  or  pass  into  any  water 
pipe,  any  animal,  vegetable  or  mineral  substance  whatever;  nor  shall 
any  person  do  or  permit  to  be  done,  having  right  or  power  to  prevent 
the  same,  any  act  or  thing  that  will  impair  or  imperil  the  purity  or 
wholsomeness  of  any  water  or  other  fluid  used  or  designed  as  a drink, 
in  any  part  of  said  City. 

Sec.  446.  No  cattle  shall  be  kept  in  any  place  of  which  the  wat* 
er,  ventilation  and  food  are  not  sufficient  and  wholesome  for  the 
preservation  of  their  health,  safe  condition,  and  wholesomeness  of 
food. 

Sec.  447.  Every  person  shall  cause  every  stable  and  place 
where  any  cows,  horses,  or  other  animals  may  be,  to  be  kept  at  all 
times  in  clean  and  wholesome  condition,  an  1 shall  not  allow  any 
animals  to  be  therein  while  infected  with  any  disease,  contagious  or 
pestilential  among  such  animals,  without  a permit  from  the  Board 
of  Health. 

Sec.  448.  No  cattle,  swine,  pigs,  or  sheep,  geese,  goats,  or  horses, 
shall  be  yarded  within  the  City  of  Berlin,  without  the  permit  of  said 
Board  of  Health,  or  otherwise  than  according  to  the  regulations  of 
the  Board  of  Health- 

Sec.  449.  No  cattle  shall  be  placed  or  carried  while  bound  or 
tied  by  their  legs,  or  bound  down  by  the  necks,  in  any  vehicle  in  the 
City,  but  shall  be  allowed  freely  to  stand  in  such  vehicle  when  trans- 
ported and  whiie  being  therein. 

Sec.  450.  The  keeping  and  slaughtering  of  all  cattle,  and  the 
preparation  of  all  meat  and  fish,  birds,  and  fowls  shall  be  in  that 
manner,  which  is  or  is  generally  reputed  or  known  to  be  the  best 
adapted  to  secure  and  continue  their  safety  and  wholesomenesa  as 
food.  The  slaughtering  of  cattle  shall  not  be  permitted,  nor  con- 
ducted at  any  place  in  the  City  of  Berlin  without  a special  permit 
from  the  Common  Council. 

Sec.  451.  Every  butcher  and  every  person  owning,  leasing  or 
occupying  any  place,  room  or  building  where  any  cattle  have  been  or 
are  killed  or  dressed,  and  every  person  being  the  owner,  lessee  or  occu- 
pant of  any  room  or  stable  where  any  cattle  may  be  kept,  or  mar- 
ket, public  or  private,  and  having  power  and  authority  so  to  do,  shall 
cause  such  place,  room,  building,  stall,  and  market  (being  private) 
and  their  yards  and  appurtenances,  to  be  thoroughly  cleansed  and 
purified,  and  all  oftal,  blood,  fat,  garbage,  refuse  and  unwholesome  or 


108 


ORDINANCES  OF  THE 


offensive  matter  to  be  therefrom  removed  at  least  once  in  every 
twenty  four  hours  after  the  use  thereof  for  any  of  the  purposes  herein 
referred  to;  and  shall  also  at  all  times,  unless  some  public  authority 
prevents,  keep  all  wood  work,  save  floors  and  counters,  in  any  build- 
ing, place  or  premises  aforesaid,  thoroughly  painted  or  whitewashed . 

Sec.  452.  No  cattle  shall  be  slaughtered,  dressed  or  hung,  or 
meat  or  any  part  thereof  within  said  City,  wholly  or  partly  within 
any  street,  avenue,  sidewalk,  public  alley  or  place;  nor  shall  any 
blood  or  dirty  water  or  other  substance  from  such  cattle,  meat,  or 
place  of  killing  be  allowed  to  run,  fall  or  to  be  in  any  such  street, 
sidewalk,  alley,  ayenue  or  place. 

Sec.  453.  No  building  occupied  wholly  or  partly  as  a slaughter 
house,  or  an j part  thereof,  or  any  building  on  the  same  lot,  shall, 
without  a special  permit  from  the  Board  ot  Health,  be  occupied,  for  a 
dwelling  or  lodging  place;  every  such  building  shall  at  all  times  be 
kept  adequately  and  thoroughly  ventilated;  and  no  blood  shall  be 
allowed  to  remain  therein  over  night. 

Sec.  454.  That  neither  the  business  of  slaugherting  cattle  noi  the 
keeping  of  any  slaughter  house,  nor  the  yarding  of  cattle,  shall  be 
begun  or  undertaken  at  any  new  or  additional  place  in  the  City  of 
Berlin,  except  pursuant  to  a permit  from  the  Common  Council;  nor 
shall  any  person  or  corporation  keep  any  slaughter  house  or  yard, 
or  any  cattle  therein  hereafter  without  a permit  from  said  Council. 

Sec.  455.  No  person  shall  kill  or  dress  any  animal  or  meat  in 
any  market,  nor  have,  or  permit  to  escape  therein,  or  within  one 
hundred  feet  thereof,  any  poisonous,  noxious  or  offensive  substance. 

Sec.  456.  Every  butcher,  grocer  and  milk  dealer,  and  their 
agents,  shall  allow  the  Board  of  Health  to  freely  and  fully  inspect 
their  cattle  and  milk,  meats,  fish,  and  vegetables,  held  offered  or  in- 
tended for  sale,  and  shall  answer  all  reasonable  and  proper  questions 
asked  by  any  member  of  such  Board  of  Health  relative  the  condition 
thereof,  and  of  the  place  where  such  articles  are  kept. 

Sec.  457.  No  ©ffal  or  butcher’s  refuse  shall  be  conveyed  through 
any  street  or  avenue  of  the  City  of  Berlin  between  the  hours  of  ten 
o’clock  a.  m.  and  ten  o’clock  p.  m.  of  any  day,  and  no  offal  no  refuge 
shall  be  conveyed  at  any  time  unless  the  same  be  in  tight  boxes, 
barrels  or  vessels,  from  which  no  odor  shall  escape. 

Sec.  458.  No  keeper  of  any  public  pound  in  the  City  of  Berlin 
shall  allow  the  same,  or  any  animal  therein,  by  reason  of  any  want 
of  care,  food,  ventilation  or  cleanliness,  or  otherwise  to  be,  or  to  be- 
come dangerous  or  detrimental  to  human  health. 

Sec.  459.  No  ground  or  material  filled  with  offensive  matter 
or  substance,  or  that  will  emit  or  allow  to  arise  through  or  from 
the  same  any  offensive  smell  or  deleterious  exhalation,  shall  beopened 


CITY  OF  BERLIN 


109 


or  turned  up,  or  the  surface  thereof  removed,  betweeu  the  first  day 
of  May  and  the  first  day  of  October  of  any  year,  except  according  to 
a permit  therefor,  first  obtained  from  the  Common  Council. 

Sec.  460.  No  cart  or  other  vehicle,  swill,  garbage  or  rubbish,  or 
the  contents  of  any  privy,  ces3  pool  or  sink,  or  having  upon  it  or  in 
it  any  other  nauseous  or  offensive  substance,  without  necessity  there- 
for, stand  or  remain  before  or  near  any  building,  place  of  business  or 
other  premises  where  any  person  may  be;  nor  shall  any  such  cart  or 
vehicle  occupy  an  unreasonable  length  of  time  in  loading  and  unload- 
ing or  in  passing  along  any  street  or  through  any  inhabited  place  or 
ground;  nor  shall  any  such  cart,  vehicle,  or  the  driver  thereof,  or  any 
thing  thereto  appertaining,  be  (or  by  any  person  having  the  right  to 
control  the  same  be  allowed  to  be)  in  a condition  needlessly  filthy  or 
offensive;  and  when  not  in  use,  all  such  carts,  vehicles  and  all  in- 
struments used  in  connection  therewith,  shall  be  stored  and  kept  in 
some  place  where  no  needless  offense  shall  be  to  any  of  the  people 
of  6aid  City. 

Sec.  461.  AH  carts,  vehicles  in  the  last  section  mentioned,  and 
boxes,  tubs  and  receptacles  thereon,  in  which  any  substance  in  said 
section  referred  to,  may  be  or  is  carried,  shall  be  strong  and  tight,  so 
that  no  part  of  such  contents  or  load  shall  fall, leak  or  spill  therefrom; 
and  shall  be  adequately  and  tightly  covered,  so  as  to  prevent  the  same 
from  being  offensive. 

Sec.  462.  All  putrid  or  offensive  matter  and  all  night  soil, 
and  the  contents  of  sinks,  and  privys,  vaults  and  cess  pools  and  all 
noxious  substances  in  said  City  shall,  before  their  removal  or  expos- 
ure be  disinfected  and  rendered  inoffensive  by  the  person  who  re- 
moves or  is  about  to  remove  the  same. 

Sec.  463.  That  neither  the  owner,  nor  the  occupant,  nor  the 
tenant  of  any  building  or  premises  in  the  City  of  Berlin,  shall  employ, 
cause  or  permit  any  part  of  the  contents  of  any  vault,  privy,  sink  or 
"cess  pool  (being  thereon,  and  of  which  he  has  control),  to  be  removed, 
unless  according  to  the  provisions  of  this  ordinance. 

Sec.  464.  No  person  shall  place  or  dry  upon  any  street  or  side- 
walk or  roof  of  any  building,  any  straw,  hay,  or  other  substance 
which  asbe<n  used  as  bedding  for  animals;  nor  shall  any  such 
straw,  hay  or  other  substances  be  deposited,  nor  shall  accumulations 
thereof  be  made,  within  fifty  feet  of  any  stieet  without  a permit 
from  the  Board  of  Health  of  this  City. 

Sec.  465.  No  manure,  garbage  or  other  material  that  is  liable 
to  emit  an  offensive  exhalation  shall,  in  or  adjacent  to  the  City,  be 
turned  or  stirred  (except  about  its  removal)  in  such  a way  as  to  be 
liable,  by  reason  thereof,  to  increase  such  exhalation. 


110 


ORDINANCES  OF  THE 


Sec.  466.  No  vault,  privy,  sink,  or  cess  pool  shall  hereafter  be 
made  or  rebuilt  in  the  City,  except  in  accordance  with  the  regula- 
tions of,  and  by  permit  of,  the  Board  of  Health  of  this  City. 

Sec.  467.  That  no  diseased  or  sickly  horse,  cattle,  swine,  sheep, 
dog,  or  cat  or  other  animal,  nor  any  that  have  been  exposed  to  anjr 
disease  that  is  contageous  among  such  animals  shall  be  brought  into 
the  City  of  Berlin. 

Sec.  468.  No  person  shall  keep,  retain  or  allow,  or  employ  to 
be  kept  or  retained  at  any  place  within  the  City,  any  horse,  ass,  or 
colt,  having  the  disease  knows  as  glanders  or  farcy. 

Sec.  469.  No  person  shall  leave  in,  or  throw  into,  any  place  or 
street  or  public  water,  or  offensively  expose  or  bury  the  body  (or  any 
part  thereof)  ot  any  dead  or  fatally  sick  or  injured  animal;  nor  shall 
any  person  keep  any  dead  animal  or  any  offensive  meat,  bird,  fowl, 
or  fish  in  a place  where  the  same  may  be  dangerous  to  the  lite  or 
detrimental  to  the  health  of  any  person. 

Sec.  470.  No  person  shall  retain,  expose,  or  allow  to  be  retained 
or  exposed,  the  dead  body  of  any  human  being,  to  the  peril  or  pre- 
judice of  the  life  or  health  of  any  person. 

Sec.  471.  That  it  shall  be  the  duty  of  every  person  who  has 
discovered  or  seen  the  body  of  a dead  human  being,  or  any  part 
thereof  (if  there  is  reason  for  such  person  to  think  that  the  fact  of 
the  death,  or  the  place  of  such  body  or  part  thereof  is  not  publicly 
known)  to  immediately  cummunicate  to  the  Board  of  Health,  the 
fact  of  the  disc  very  of  such  body,  the  place  where  and  the  time 
when  the  same  was  discovered  or  seen,  and  where  thesime  is  or  may 
be  found,  and  any  facts  known  by  which  said  body  may  be  identified 
or  the  cause  of  death  ascertained. 

Sec.  472.  No  person  shall  bring  into  the  City  or  keep  therein 
for  sale  or  otherwise,  either  for  food  or  for  any  other  purpose  or  pur- 
poses whatever,  any  animal,  dead  or  alive,  matter  substance  or  thing, 
which  shall  be  or  which  shall  occasion  a nuisance  in  said  City  of 
Berlin,  or  which  may  or  shall  be  dangerous  to  health. 

Sec.  473.  No  building,  vehicle,  structure,  receptacle  or  thing 
used  or  to  be  used  for  any  purpose  whatever,  shall  be  made,  used, 
kept,  maintained  or  operated  in  the  City  of  Berlin,  if  the  use,  keep- 
ing, maintaining  or  operating  of  such  building,  vehicle,  structure, 
recepticle  or  thing,  shall  be  the  occasion  of  any  nuisance  or  danger- 
ous or  detrimental  to  health. 

Sec.  474.  That  no  substance,  matter  or  thing  of  any  kind  what- 
ever, which  shall  be  dangerous  or  detrimental  to  the  health,  shall  be 
permitted  to  exist  in  connection  with  any  permitted  business,  or  be 
used  therein  or  to  exist  in  connection  therewith,  or  to  be  used  in 
any  work  or  labor  carried  on  or  to  be  carried  or  prosecuted  in  the 


CITY  OF  BERLIN. 


Ill 


City  of  Berlin,  and  no  nuisance  shall  be  permitted  to  exist  in  con- 
nection with  any  business  or  in  connection  with  any  such  work  or 
labor. 

Sec.  475.  Any  person  who  yiolates,  disobeys,  omits,  neglects 
or  refuses  to  comply  with  or  who  resists  any  of  the  provisions  of  this 
article,  or  who  refuses  or  neglects  to  obey  any  of  the  rules,  orders,  or 
sanitary  regulations  of  the  Board  of  Health  of  this  City,  or  who  omits, 
neglects  or  refuses  to  comply  with,  or  who  resists  any  officer  or  or- 
der or  special  regulation  of  said  Board  of  Health,  shall  upon  con- 
viction be  subject  to  a fine  of  not  less  than  one  dollar  nor  more  than 
one  hundred  dollars  for  each  offense  besides  the  costs  of  prosecution. 

ARTICLE  XXV.— GAMING. 

Sec.  476.  No  person  or  person  shall  set  up,  keep  or  maintain, 
permit  to  be  set  up,  kept  or  maintained  in  any  house  or  place  within 
the  corporate  limits  occupied,  or  controlled,  by  him,  or  them,  any 
E.  O , A.  B.  C.  rooley  pooley,  keno  or  faro  table,  faro  bank,  roulette 
or  other  instrument,  device  or  tning  for  the  purpose  of  gaming,  or  with 
which  money,  liquor  or  anything  of  value  shall  in  any  manner  be  play- 
ed for,  under  a penalty  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

Sec.  477.  Any  person  who  shall  deal,  play  or  engage  in  faro, 
roulette  or  any  other  device  or  game  of  chance,  hazard  or  address, 
either  as  banker,  dealer,  player  or  otherwise,  for  the  purpose  of  gam- 
ing, shall  pay  a fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

Sec.  478.  It  shall  be  the  duty  of  all  members  of  the  police  force 
to  give  information  to  the  Mayor,  of  each  house  or  other  place  within 
the  City  wherein  such  games  or  devices,  or  tables  or  other  instru- 
ments or  things  for  the  purpose  of  gaming  are  or  may  be  set  up, 
kept  or  maintained;  and  said  police  officers  shall  take  all  lawful  means 
to  suppress  and  prevent  the  playing  at  the  tables,  games,  or  devices 
aforesaid,  and  for  this  purpose,  when  and  as  often  as  any  one  of  them 
shall  have  reasonable  cause  to  suspect  that  any  such  table,  game  or 
device  is  setup,  kept  or  maintained  as  aforesaid,  he  shall  forthwith 
make  complaint  thereof  before  some  Justice  of  the  Peace,  and  obtain 
a warrant  authorizing  him  to  enter  such  house,  houses  or  place  or 
any  room  within  the  same,  and  said  police  officer  shall  thereupon 
have  authority  to  demand  entry  therein,  and  any  person  or  persons 
who  shall  refuse  or  neglect  to  open  the  door  or  entrance  to  such 
house,  houses  or  place  or  any  room  within  the  same,  upon  applica- 
tion of  any  police  officer  having  such  warrant,  shall  forfeit  and  pay  a 
fine  of  not  less  than  ten  dollars  for  each  offense. 

Sec.  479.  No  person  shall  bring  into  the  City  of  Berlin,  or  have 
in  his,  her  or  their  possession  in  said  City,  for  the  purpose  of  gaming, 


112 


ORDINANCES  OF  THE 


any  table,  thing  or  device  of  any  kind  or  nature  whereon  or  with 
which  money  or  any  other  thing  of  value,  may  in  any  manner  be 
played  for,  under  penalty  of  a fine  of  not  less  than  one  dollar  nor  more 
than  twenty-five  dollars  for  each. 

Sec.  480.  Any  person  who  shall  expose  in  any  of  the  street8, 
avenues  or  other  public  places  within  the  limits  of  the  City,  any 
table  or  device  of  any  kind  whatever,  upon  or  by  which  any  game 
of  chance  or  hazard  can  be  played,  or  shall  play  at  or  upon  any  such 
table  or  device,  shall  pay  a fine  of  not  less  than  five  dollars  nor  more 
than  twenty  five  dollars  for  each  offense. 

Sec.  481.  Any  person  who  is  a frequenter,  visitor,  inmate,  door- 
keeper, solicitor,  runner,  agent,  abettor,  or  pimp  of  or  for  any  house, 
store,  grocery,  hall,  room  or  any  other  place  where  are  kept  any  E. 

O.,  tables,  keno  tables,  faro  bank,  shuffle  board,  bagatelle,  playing 
cards,  pigeon  holes  or  any  other  instrument,  device  or  thing  used  for 
gambling,  whereon  or  with  which  money,  liquor  or  other  articles  are 
played  for,  shall,  upon  conviction,  pay  a fine  of  not  less  than  five  dol- 
lars nor  more  than  fifty  dollars,  in  the  discretion  of  the  court,  for  each 
offense. 

See.  482.  It  is  hereby  made  the  duty  of  every  member  of  the 
police  force  to  seize  any  table,  instrument,  device  or  thing  used  for 
purpose  of  gaming;  and  ail  such  tables,  instruments  or  devices,  shall 
be  destroyed.  Any  person  or  persons  obstructing  or  resisting  any  ' 
member  of  the  police  force  in  the  performance  of  any  act  authorized 
by  this  section,  shall  pay  a fine  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  offense. 

ARTICLE  XXVI.— CONCEALED  WEAPONS. 

Section.  483.  It  shall  be  unlawful  for  any  person,  within  the 
limits  of  the  City  of  Berlin,  to  carry  or  weai  under  his  clothes,  or  con- 
cealed about  his  person,  any  pistol,  colt  or  slung  shot,  cross  knuckles, 
or  knuckles  of  lead,  brass  or  other  metal  or  bowie  knife,  dirk  knife 
or  dirk,  razor  or  dagger,  or  any  other  dangerous  or  deadly  weapon. 
And  any  person  who  shall  violate  any  provision  of  this  section,  shall 
pay  a fine  of  not  less  than  one  dollar  nor  more  than  fifty  dollars  for 
each  offense. 

Sec.  484.  The  provisions  of  this  article  shall  not  apply  to  the 
officers  or  members  of  the  police  force  of  said  City  when  on  duty,  nor 
to  any  officer  whose  duty  it  may  be  to  serve  warrants  or  make  arrests; 
nor  to  persons  who  shall  have  ootained  from  the  Mayor  a license  to 
carry  such  weapons  for  their  protection  as  hereinafter  provided. 

Sec.  485.  The  Mayor  may  grant,  to  such  persons  as  he  may 
deem  proper,  license  to  carry  concealed  weapons  and  may  revoke 
such  license  at  his  pleasure. 


CITY  OF  BERLIN, 


113 


Sec.  486.  Application  for  such  license  shall  be  made  to  the 
Mayor,  and,  when  granted,  the  person  so  licensed  shall  pay  to  the 
City  Treasurer  the  sum  of  one  dollar,  and  thereupon  a license  shall 
be  issued  by  the  City  Clerk  and  signed  by  the  Mayor.  Every  such 
license  shall  state  the  name,  age,  occupation,  and  residence  ©f  the 
person  to  whom  it  is  granted  and  shall  expire  on  the  thirtieth  day  of 
April  next  following. 

ARTICLE  XXVII. — NUISANCES. 

Section  487.  Any  factory,  building  or  structure,  of  any  kind, 
or  any  tallow,  chandler’s  shop,  soap  factory,  tannery,  distillery,  livery 
stable,  cattle  yard  or  shed,  barn,  pig-sty,  or  hog  yard,  packing  house 
slaughter  house,  or  rendering  establishment  which  shall  become 
nauseous,  fowl  or  offensive,  is  hereby  declared  a nuisance,  and  the 
person  or  persons  owning,  keeping  or  maintaining  any  such  factory, 
shop,  yard,  house,  building  or  structure  aforesaid,  shall  pay  a fine 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

Sec.  488.  Any  store,  house,  factory,  building  or  structure  of 
any  kind  or  any  grounds  or  premises  kept,  permitted  or  suffered 
to  remain  for  twenty  four  hours  in  such  condition  as  to  be  offensive 
the  neighborhood,  dangerous  or  prejudicial  to  the  health  or  safety 
of  the  occupants  or  other  persons,  is  hereby  declared  a nuisance,  and 
the  owner,  proprietor,  lessee  or  agent  of  such  store,  house,  factory, 
building  or  structure  of  any  kind,  or  ground  or  premises,  shall  pay 
a fine  of  not  less  than  five  dollars  and  not  more  than  fifty  dollars  and 
a like  fine  for  every  day  such  nuisances  shall  continue  after  the  first 
conviction. 

Sec.  489.  It  shall  constitute,  and  is  hereby  declared  a nuisance 
for  any  person  to  erect  and  maintain  any  privy  as  near  as  forty  feet 
to  any  street,  dwelling,  shop  or  well,  unless  the  same  be  furnished 
with  a substantial  vault  six  feet  deep  and  made  tight  so  that  the 
contents  can  not  escape  therefrom  and  sufficiently  secured  and  in- 
closed; or  unless  the  same  shall  be  constructed  with  water  tight 
drawers  or  receptacles  to  contain  the  contents  of  such  privy  so  that 
the  same  cannot  escape  therefrom.  Any  person  owning,  erecting  or 
maintaining  such  privy  shall  pay  a fine  of  not  less  than  one  dollar 
and  not  more  than  ten  dollars  and  a like  fine  for  every  week  he  shall 
continue  the  same  after  the  first  conviction. 

Sec.  490.  It  shall  constitute,  aud  is  hereby  declared  a nui- 
sance for  any  person  to  suffer  or  permit  any  cellar,  vault,  private 
drain,  pool,  sewer  or  sink  upon  any  premises  belonging  to  or  occu- 
pied by  him  to  become  nauseous,  foul,  offensive  to  the  public  health. 
Any  person  who  shall  create,  suffer  or  permit  such  nuisance  to  exist 
shall  be  subject  to  a fine  of  not  less  than  five  dollars  and  not  more 
than  fifty  dollars  for  every  offense  and  to  a like  fine  for  every  day 


114 


ORDINANCES  OF  THE 


the  same  shall  continue  afternotice  to  remove  and  abatesueh  nuisance. 

Sec.  491.  It  shall  constitute,  and  is  hereby  declared  a nuisance 
for  any  person  to  set  or  place,  or  cause  to  be  set  or  placed,  ©r  permit 
to  remain,  any  goods,  wares,  merchandise  or  other  property  of  any 
kind  on  any  street,  sidewalk,  alley,  or  way,  for  a longer  time  than  six 
hour,  unless  the  same  shall  be  within  three  feet  of  the  building  or 
boundary  line  in  front  of  which  the  same  is  so  placed.  And  any 
person  who  shall  so  obstruct  the  street  or  sidewalk  in  front  of  an> 
store  or  dwelling  shall  pay  a fine  of  not  less  than  one  dollar  nor 
more  than  five  dollars. 

Sec.  492.  Whenever  any  nuisance  shall  be  found  on  any  prem- 
ises within  this  City  contrary  to  this  article  or  any  provision  of  this 
ordinance,  the  Board  of  Health  is  hereby  authorized  in  their  dis- 
cretion to  cause  the  same  to  be  summarily  abated  in  such  a manner 
as  they  may  direct. 

Sec.  493.  In  all  cases  where  nusiance  shall  be  found  in  any 
building  or  upon  any  ground  or  other  premises  within  this  City, 
twenty  four  hours  notice  may  be  given  in  writing  by  the  Board  of 
Health  to  the  owner  or  occupant  of  such  building  or  other  premises, 
where  he  is  known,  and  can  be  found,  to  remove  such  nuisance,  and 
in  case  of  his  neglect  or  refusal  to  abate  the  same  in  accordance  with 
such  notice,  he  shall  be  chargeable  with  the  expenses  which  may  be 
incurred  in  the  removal  thereof,  to  be  collected  by  a suit  or  other- 
wise in  addition  to  the  fine  or  penalty. 

Sbc.  494.  In  all  cases  where  no  provision  is  made  in  this  ordin- 
ance defining  what  are  nuisances  and  how  the  same  may  be  removed, 
abated  or  prevented,  in  addition  to  what  may  be  declared  as  such  in 
this  ordinance,  those  offenses  which  are  known  to  the  common  law 
of  the  land  and  the  statutes  of  the  State  of  Wisconsin  as  nuisance  may, 
in  case  the  same  exist  within  this  city,  betreated  as  such  and  proceed- 
ed against  as  in  this  article  provided,  or  in  accordance  with  any  oth- 
er law  which  shall  give  the  officer  trying  the  same  jurisdiction. 

ARTICLE  XXVIII.  — MISCELLANEOUS  PRACTICES. 

Section,  495.  It  shall  be  unlawful  for  any  person  to  have  in 
his  possession  any  nippers  known  as  burglar’s  nippers,  pick,  lock, 
skeleton  key,  key  to  be  used  with  bit  or  bits,  jimmey,  or  other  bur- 
gler’s  instrument  or  tool  of  whatsoever  kind  or  description,  unless  it 
be  shown  that  such  possession  is  innocent  or  for  a lawful  purpose, 
under  a penalty  of  not  less  than  one  dollar  and  not  more  than  one 
hundred  dollars. 

Sec.  496.  No  person  shall  engage  in  any  game,  sport,  amuse- 
ment, or  exhibit  any  machine,  or  show,  or  any  animal,  or  engage  in 
any  acrobatic  feats,  or  do  anything  else  in  the  streets  or  alleys  or 


CITY  OF  BERLIN. 


115 


upon  the  sidewalks  which  shall  have  a tendency  to  frighten  horses,  or 
which  shall  collect  any  crowd  of  persons  so  as  to  interfere  with  the 
passage  of  teams  or  vehicles,  or  persons  passing  along  the  streets, 
alleys  and  sidewalk.  And  any  person  who  shall  do  any  of  these  things 
shall  be  fined  not  less  than  one  nor  more  than  ten  dollars  for  each 
and  every  offense. 

Sec.  497.  No  person  shall  wantonly  mar,  injure,  deface  or  des- 
troy any  fence,  guide  post,  sign  board,  or  awning  in  any  street  or 
public  place  in  the  City  under  a penalty  of  not  less  than  one  dollar 
for  each  offense. 

Sec.  498.  No  person  shall  throw,  cast  or  put  into,  drop,  or  leave 
in  any  street,  alley,  lane,  public  place  or  any  unincloaed  public 
grounds  in  the  City  of  Berlin,  any  stone,  missels,  nails,  ice,  glass, 
ashes,  iron  or  any  other  metal,  or  any  st^iw,  paper,  parings  of  fruit 
or  vegetables,  or  any  other  article  or  thing,  by  which  horses,  mules  or 
other  quadrupeds  shall  or  may  be  injured  or  endangered,  under  the 
penalty  of  not  less  than  one  dollar  nor  more  than  ten  dollars. 

Sec.  499.  No  person  shall  stop  or  obstruct  the  passage  of  the 
water  in  any  street,  gutter,  public  sewer,  culvert,  water  pipe,  or  hy- 
drant laid  or  placed  by  the  City,  under  the  penalty  of  not  less  than 
one  dollar  nor  more  than  five  dollars  for  each  offense. 

Sec.  500.  No  person  shall  cut,  injure,  mark  or  deface  any  build- 
ing belonging  to  the  City,  or  any  station  house  or  engine  house,  or 
any  tree,  grass  or  shrub  or  walk,  in  any  square  oi  public  park,  or 
any  sewer,  water  pipe  or  hydrant,  laid  or  placed  by  the  City,  under 
the  penalty  of  not  less  than  one  dollar  nor  more  than  ten  dollars  for 
each  offense. 

Sec.  501.  No  person  shall  rise  or  fly  or  attempt  to  rise  or  fly  any 
kite  in  any  street  or  other  public  place  in  the  City,  under  the  penalty 
of  not  less  than  one  dollar  nor  more  than  five  dollars  for  each  of- 
fense. 

Sec.  502.  No  person  shall  throw  or  cast  any  stone  or  other  mis- 
sile in,  from  or  to  any  street,  alley,  public  place  or  inclosed  ground, 
under  a penalty  of  not  less  than  one  dollar  nor  more  than  twenty 
dollars  foi  each  offense. 

Sec.  503.  No  person  being  the  owner,  lessee  or  agent  of  any 
building  in  this  City,  shall  erect  or  maintain  or  permit  to  be  erected 
or  maintained  on  or  about  the  stairway  in,  or  the  entrance  to  such 
building  or  on  or  about  its  exterior  building  line,  or  upon  any  por- 
tion of  the  sidewalk  adjacent  to  such  building,  any  railing,  fence, 
guard  or  protection  of  any  kind,  upon  which  said  railing,  fence,  guard, 
or  other  protection  there  shall  be  affixed  or  placed  or  in  any  manner 
attached  any  spike,  nail  or  other  pointed  instrument  of  any  kind  or 


n<> 


ORDINANCES  OF  THE 


description,  under  the  penalty  of  no!  less  than  five  dollars  nor  more 
than  twenty  five  dollars  for  each  offense,  and  each  and  every  day 
any  such  person  shall  fail  or  neglect  to  remove  from  such  railing, 
fence  or  other  protection,  any  such  spike,  nail  or  other  pointed  in- 
strument, after  notice  in  writing,  from  the  Mayor  or  Common  Coun- 
cil of  the  City,  so  to  do,  shall  constitute  a new,  separate  and  distinct 
offence. 

Sec.  504.  No  person  shall  throw,  cast,  lay  or  place  on  any  side- 
walk in  the  City  of  Berlin,  the  rind  or  peel  of  an  orange,  banana, 
apple  or  other  fruit,  under  a penalty  of  not  less  tnan  one  dollar  nor 
more  than  five  dollars  for  each  offense 

Sec.  505.  No  person  shall  obstruct  or  incumber  any  street  cor- 
ner, or  other  public  place  in  the  City,  by  lounging  in  or  about  the 
same;  and  after  being  requited  to  move  on  by  the  Mayor,  Chief  of 
Police,  or  any  Policeman,  the  person  so  offending  shall  be  subject  to 
a penalty  of  not  less  than  one  dollar  nor  more  than  twenty  dollars 
for  each  offense. 

Sec.  506.  No  person  shall  swim  or  bathe  in  the  waters  of  Fox 
River,  in  or  adjacent  to  the  City,  unless  such  person  be  clothed  in  a 
suitable  bathing  dress,  under  a penalty  of  not  less  than  one  dollar 
nor  more  than  ten  dollars  for  each  offense. 

Sec.  507.  No  person  shall  dig,  cut  or  remove  any  sod  or  earth 
from  any  street  or  other  place  within  the  City,  without  a permit 
from  the  Common  Council,  or  from  the  committee  on  streets  and 
alleys  of  the  Common  Council,  or  from  any  nremises  not  h is  own, 
without  the  consent  of  the  owner,  under  a penalty  of  not  less  than 
one  dollar  nor  more  than  twenty  dollars  for  each  offe  ise. 

Sec.  508.  All  idle  persons,  who,  not  having  visible  means  of  sup- 
port, live  without  lawful  employment;  all  persons  habitually  loitering 
about  or  wandering  abroad  and  visiting  or  staying  about  groceries, 
drinking  saloons,  houses  of  bad  repute, gambling  houses  or  railroad 
depots,  or  lodging  in  outhouses,  marketplaces,  sheds, barns  or  in  the 
open  air  and  not  giving  a good  account  of  themselves;  all  persons 
wandering  abroad  and  begging,  or  who  go  about  from  door  to  dx>r, 
or  place  themselves  in  the  streets  or  other  public  places  to  beg  or 
receive  alms,  shall  be  deemed  vagrants,  and  upon  conviction  shall  be 
fined  in  a sum  not  less  than  one  dollar  nor  more  than  fifty  dollars. 

Sec.  509.  No  person  shall  indecently  exhibit  any  stud  horse  or 
bull  or  let  any  such  horse  to  any  mare  or  mares,  or  any  bull  to  any 
cow  or  cows,  within  the  limits  of  this  City,  unless  in  some  inclosed 
place  out  of  public  view,  under  a penalty  of  not  less  than  one  dol- 
lar nor  more  than  fifty  dollars  for  each  offense. 

Sec.  510.  No  person  or  persons  shall  sell  or  offer  to  sell,  give 
away  or  offer  to  give  away,  distribute  or  have  in  his  or  her  possess- 


CITY  OF  BERLIN 


117 


ion  with  intent  to  give  away,  sell  or  distribute  in  or  upon  any  street 
or  sidewalk  or  park  or  public  property  of  the  City  of  Berlin,  any 
book,  pamphlet,  circular,  handbill,  advertisement  or  notice  of  any  kind 
purporting  to  treat  of  or  treating  of  diseases  known  as  venereal  diseases 
describing  or  explaining,  or  purporting  to  J escribe  or  explain  the 
genital  organs,  giving  or  purporting  to  give  the  nature  and  remedies 
of  disease  to  female  and  uterine  diseases,  or  the  nature  or  causes  of 
nervous  debility,  im potency,  sterility  or  barrenness,  gonorrhoea,  gleet, 
stricture,  syphilis,  affection  of  the  prostate  gland  or  the  remedies 
therefor,  or  the  cause  or  remedies  for  abortion  or  miscarriage,  or 
articles  or  means  of  preventing  conception,  under  a penalty  of  not 
ess  than  ten  dollars  nor  more  than  twenty. 

Sec.  511.  Any  person  who,  in  the  City  of  Berlin,  shall  keep  a 
house  of  ill  fame,  resorted  to  for  the  purpose  of  prostitution  or  lewd- 
ness, or  shall  keep  a disorderly  house,  or  who  shall  set  up  or  keep  a 
common  bawdy  house  or  brothel,  or  who  shall  knowingly  let  to  another 
any  house  or  other  building,  or  any  room  in  any  house  or  building,  for 
the  purpose  of  being  used  as  a house  of  ill  fame,  bawdy  house  or  brothel, 
or  knowing  that  it  will  be  so  used,  shall  be  punished  by  a fine  of  not 
less  than  twenty-five  dollars  nor  more  than  fifty  dollars  in  the  dis- 
cretion of  the  court,  besides  the  cost  of  prosecution,  and  in  default  of 
payment  of  such  fine  and  costs,  shall  be  imprisoned  in  the  watch 
house  or  lockup  of  the  City  of  Berlin  for  the  period  of  ninety  days, 
unless  such  fine  and  costs  are  sooner  paid. 

Sec.  512.  Any  person  who  shall  resort  to,  frequent,  or  become 
an  inmate  of  any  house  of  ill  fame,  or  disorderly  house  of  any  des- 
cription in  the  City  of  Berlin,  shall  be  punished  by  a fine  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars  in  the  discretion 
of  the  court,  besides  the  costs  of  prosecution,  and  in  default  of  pay- 
ment of  such  fine  and  costs,  shall  be  imprisoned  in  the  watch  house 
or  lockup  of  the  City  of  Berlin,  for  the  period  of  ninety  days,  unless 
such  fine  and  costs  are  sooner  paid. 

Sec.  513.  Any  person  who  shall  appear  in  a public  place  in  a 
state  of  nudity,  or  in  a dress  not  belonging  to  his  or  her  sex,  or  in  an 
indecent  or  lewd  dress,  or  who  shall  make  any  indecent  exposure  of 
his  or  her  person,  or  be  guilty  of  any  indecent  act  or  behavior,  shall 
pay  a fine  of  not  less  than  one  dollar  nor  more  than  one  hundred 
dollars. 

Sec.  514  Every  house  of  ill-fame  or  house  of  assignation  within 
this  City,  where  men  and  women  resort  for  the  purpose  of  prostitu- 
tion is  hereby  declared  to  be  a nuisance. 

Sec.  515.  Every  person  found  in  any  house  of  ill-fame  or 
assignation  shall  be  deemed  to  be  an  inmate  thereof  within  the  mean- 
ing of  Section  512  of  this  article. 


118 


ORDINANCES  OF  THE 


Sbc.  516>  Any  person  who  shall  exhibit,  sell,  or  offer  to  sell  or 
circulate  or  distribute  any  indecent  or  lewd  book,  picture  or  other 
thing  whatever  of  an  immoral  or  scandalous  nature,  or  shall  exhibit 
or  perform  any  indecent,  immoral  or  lewd  play  or  representation  in 
the  City  of  Berlin,  shall  pay  a fine  of  not  less  than  five  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec.  517.  Any  person  who  shall  inhumanly,  unnecessarily  or 
cruelly  beat,  injure  or  otherwise  abuse  any  dumb  animal,  or  overload 
ary  team,  or  expose  any  calves  or  sheep  upon  the  streets  or  sidewalk 
with  their  legs  tied,  shall  pay  a fine  of  not  less  than  five  dollars, nor 
more  than  twenty  dollars. 

Sec.  518.  Any  doctor,  druggist,  or  other  person  who  shall  make, 
sell,  put  up,  prepare  or  administer  any  prescription,  decoction  or 
medicine  under  any  deceptive  or  fraudulent  name,  direction,  or 
pretense,  shall  pay  a fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 

Sec.  519.  All  scaffolds  or  derricks  erected  in  tnis  City  for 
use  in  the  erection  of  stone,  brick,  or  other  buildings,  shall  be  well 
and  safely  supported,  and  of  sufficient  width  and  properly  secured  so 
as  to  insure  the  safety  of  persons  working  thereon,  or  passing  under 
or  by  the  same,  to  prevent  the  falling  thereof,  or  of  any  materials 
that  may  be  used,  placed  or  deposited  thereon;  any  scaffold  or  der- 
ricks which  may  be  otherwise  erected  shall  be  deemed  a nuisance; 
and  any  person  who  shall  erect  or  use  or  cause  to  be  erected  or  used 
any  scaffold  or  derrick  contrary  to  the  provisions  hereof,  shall  pay  a 
fine  of  not  less  than  five  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 

Sec.  520.  Any  person  who  shall  commit  any  indecent, 
lewd  or  filthy  act  in  any  place  in  this  City,  or  shall  utter  any  lewd  or 
filthy  words,  or  shall  make  any  obscene  gesture  to  or  about  any  other 
person  publicly  shall  be  deemed  a disorderly  person  and  upon  con- 
viction, shall  pay  a fine  of  not  less  than  one  dollar  nor  more  than 
twenty-five  dollars. 

Sec.  521.  Any  person  who  shall,  at  any  time,  wilfully  interfere  or 
molest  any  assembly  or  meeting  of  people,  for  religious  worship  or 
for  other  purposes,  lawfully  and  peaceably  assembled,  in  this  City, 
shall  be  punished  by  a fine  of  not  less  than  one  dollar  nor  more  than 
twenty-five  dollars. 

Sec.  522.  Any  person  found  in  any  public  place  within  this  City 
in  such  a state  of  intoxication  as  to  disturb  others,  or  unable  by  reas- 
on of  his  condition,  to  care  for  his  own  safety  or  for  the  safety  of  oth- 
ers, shall  upon  conviction  thereof  be  punished  by  a fine  not  less  than 
one  dollar  nor  more  than  ten  dollars. 


CITY  OF  BERLIN. 


119 


Sec.  523.  Any  person  vho  shall  assault  another,  within  this  City, 
when  not  excusable  or  justifiable,  or  who  shall  use  in  reference  to 
and  in  the  presence  of  another,  or  in  reference  to  and  in  the  presence 
of  any  member  ot  his  family,  abusive  or  obscene  language,  intended 
or  naturally  tending  to  provoke  an  assault  or  any  breach  of  the  peace, 
shall,  upon  conviction,  pay  a fine  of  not  less  than  one  dollar  nor  more 
than  fifty  dollars. 

Sec.  524.  Any  person  who  shall  permit  any  bear  or  other  noxi- 
ous or  dangerous  animal  to  run  at  large,  or  shall  lead  any  such  ani- 
mal with  a chain  or  rope  or  other  appliance,  whether  such  animal  be 
muzzled  or  unmuzzled,  in  any  street,  lane,  avenue,  highway,  or  pub- 
lic place  within  the  corporate  limits  of  this  City,  shall  pay  a fine  of 
five  dollars  for  each  offense. 

Sec.  525.  Any  person  who  shall  throw  or  deposite  any  water  or 
ether  liquid  in  any  part  of  any  street,  alley,  lane,  or  public  place  ex- 
cept in  the  side  gutter  thereof,  in  this  City,  shall  pay  a fine  of  one 
dollar  for  each  such  offense. 

Sec.  526.  Any  person  who  shall  within  the  limits  of  the  City  of 
Berlin,  keep  or  maintain,  or  become  an  inmate  of,  or  in  any  way  con- 
tribute to  the  support  of  any  place,  house  or  room  where  opium  is 
smoked,  or  where  persons  assemble  for  the  purpose  of  smoking 
opium  or  inhaling  the  fumes  thereof,  shall  pay  a fine  of  not  less 
than  five  dollars  nor  more  than  ten  dollars  for  each  offense. 

Sec.  527.  Any  dyer  or  scourer;  or  any  other  person  who  shall  in 
this  City  wash,  rinse  or  cleanse  or  cause  or  procure  to  be  washed, 
rinsed  or  cleansed  any  cloth,  yarn,  or  garment  in  any  street,  shall  pay 
a fine  of  not  less  than  one  dollar  and  not  more  than  five  dollars  for 
each  offense. 

Sec.  528.  Any  person  who  shall  without  a permit  in  writing 
from  the  Mayor,  beat  any  drum  or  other  instrument  or  blow  any 
horn  or  other  instrument,  for  the  purpose  of  attracting  the  attention 
of  passengers  in  any  street  in  the  City  of  Berlin,  to  any  circus,  men- 
agerie, or  show,  or  auction,  or  sale  of  goods,  or  for  any  other  pur- 
pose or  thing  whatever  tending  to  the  collection  of  persons  on  the 
streets  and  sidewalks,  to  the  obstruction  of  the  same,  shall  pay  a fine 
of  not  less  than  one  dollar  and  not  more  than  fifty  dollars  for  each 
offense;  the  provisions  of  this  section  shall  not  apply  to  any  band  of 
music  or  organized  musical  society  engaged  in  serenading,  or  any 
civic  or  military  parade. 

Sec.  529.  Any  person  who  shall  erect  a booth,  or  establish  or 
fix  any  stand,  or  place  for  tne  sale  of  or  to  give  away  any  fruit,  books 
or  other  merchandise,  or  any  article  or  thing  of  value  whatever,  in- 
cumbering  any  part  or  portion  of  any  street,  alley  or  sidewalk,  shall 


120 


ORDINANCES  OF  THE 


pay  a tine  of  not  less  than  five  dollars  and  not  more  than  thirty  dollars 
for  each  offense;  provided  that  the  Mayor  may,  in  his  discretion, 
grant  permits  for  such  purpose,  whenever  the  application  for  such 
permits  shall  be  accompanied  by  the  consent,  in  writing,  of  each  and 
every  person  occupying  the  premises,  in  front  of  which  it  is  proposed 
to  locate  under  such  permission,  and  provided  further  that  any  per- 
mit so  granted  may  be  revoked  and  annulled  at  any  time  by  the 
Mayor,  by  notice  thereof  in  writing  giyen  to  the  person  to  whom 
such  permit  is  granted  or  any  agent  of  such  person  who  may  at  the 
time  be  acting  under  such  permit 

Sec.  530.  Any  person  who  shall  make,  aid,  countenace  or  assis- 
in  making  any  improper  noise,  riot,  disturbance,  breach  of  the  peace 
or  diversion  tending  to  a breach  of  the  peace,  in  the  streets  or  else- 
where in  the  City,  and  all  persons  who  shall  collect  in  bodies  or  crowd 
for  unlawful  purposes  and  for  any  purpose  to  the  annoyance  or  dis- 
turbance of  citizens  or  travelers,  shall  severally  pay  a fine  of  not  less 
than  one  dollar  nor  more  than  one  hundred  dollars. 

ARTICLE  XXIX. 

Sec.  531.  All  public  or  general  ordinances,  or  parts  thereof,  not 
included  in  this  ordinance,  are  hereby  repealed,  so  far  as  they  conflict, 
or  are  inconsistent  with  the  provisions  of  this  ordinance.  Private  or 
special  ordinances,  orders,  and  resolutions  passed  by  the  Common 
Council,  are  not  repealed,  unless  repugnant  to  the  provisions  of  this 
ordinance. 

Sec.  532.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage,  and  publication. 

Passed,  adopted  and  approved  this  4th  day  of  June,  A . D.  1890. 

H.  S.  SACKET, 

A.  L.  Tucker,  Mayor  of  the  City  of  Berlin. 

City  Clerk  of  the  City  of  Berlin. 

. * • » \ v • i 


STATE  OF  WISCONSIN) 


City  of  Berlin,  J 

I,  Henry  Morman,  City  Clerk  of  the  City  of  Berlin  in  the  State  of 
Wisconsin,  do  hereby  certify  that  I have  compared  the  foregoing  copy 
of  an  ordinance  of  the  said  City  of  Beilin  entitled  “An  Ordinance  for 
Revising  and  Consolidating  the  General  Ordinances  of  the  City  of 
Berlin”  with  the  Original  thereof,  now  remaining  in  my  office  and  in 
my  legal  custody  and  I find  the  same  to  be  a correct  transcript  there- 
from and  of  the  whole  of  such  Original  Ordinance. 

And  I do  further  certify  that  said  Original  Ordinance  was  passed 
and  adopted  by  the  Common  Council  of  said  City  of  Berlin  on  the  4th 
day  of  June  A.  D.  1890  and  was  on  the  same  day  approved  by  the 
Mayor  of  said  City;  that  said  Ordinance  was  published  in  the  official 
paper  of  said  City  on  the  17  th  and  18th  days  of  JuneA^cD.  1890  and 
on  the  9th,  17th  and  31st  days  of  July  A.  D.  1890  and^rn  the  21st  day 
of  August  A.  D.  1890  the  same  together  with  the  affidavit  of  the  City 
printer  was  duly  recorded  in  the  book  of  Ordinances  of  said  City  on 
pages  from  121  to  150  inclusive. 

In  witness  whereof  I have  hereunto  set  my  hand  affixed  the  seal 
of  said  City  this  /**  day  of  November  A.  D.  1890. 


) 


INDEX. 


Sec.  Page. 

ABUSIVE  LANGUAGE 523  119 

ACCOUNTS  ngainst  school  fund,  how  audited 144  54 

common  council  shall  audit 38  25 

disallowed  how  appeal  taken 44,  45  26 

not  acted  upon  deemed  disallowed 47  27 

disallowance  by  council  final  unless  appealed....  42  26 

disallowed  by  council  not  reconsidered 43  26 

verified  before  being  audited 39  26 

ACTION,  for  personal  injury  not  maintained  unless 

notice  given 156  56 

not  maintained  against  city  unless  claim  pre- 
sented  40  26 

on  city  order  how  brought 151  56 

on  right  of,  vested  in  city 113  47 

ADVERTISING,  on  walls  prohibited  without  per- 
mission  322  87 

ADVERTISEMENTS, distributing,  of  ability  to  treat 

disease 510  116 

ALDERMAN,  may  enter  bakery  and  inspect  bread..  833  89 

may  order  removal  of  teams  obstructing 

streets 274  77 

shall  haAe  access  to  all  public  places 177  61 

to  remove  obstructions  on  sidewalk 313  85 

peace  officer 26  15 

purchasing  city  debt  at  less  than  par 33  17 

receiving  pay  for  official  act 33  17 

misfeasance  of,  liable  for 152  56 

unlawfully  voting  away  money 33  17 

council  may  license,  tax  and  suppress 6-36  18 

AMUSEMENTS,  forbidden  without  license 198  65 

license  therefor,  how  obtained 199  201 

performing  immoral  play  prohibited 516  118 

permitting  use  of  hall  without  license 202  66 

standing  in  loby  of  licensed  hall 203  66 

ANIMALS,  permitting  dangerous,  to  run  at  large....  524  119 

cruelty  to 517  118 

APPEAL,  how  taken  from  decision  of  council 44,  45  26 


INDEX. 


123 


Sec.  Page. 

how  taken  from  decision  of  school  board 144  54 

how  taken  from  decision  of  justice 107  46 

APPOINTIVE  OFFICERS,  term  of  office 5 7 

ARREST,  without  warrant,  who  may  26p 100  44 

ASHES,  council  may  regulate  deposite  of 90  40 

ASSAULT 523  119 

ASSESSMENT,  rolls  not  altered  except  for  certain 

reasons 66  31 

rolls  prima  facie  evidence 65  31 

rolls  were  filed 60  30 

ASSESSOR,  compensation  of 29  15 

duties  of 29  15 

to  attend  at  council  chamber  and  correct  roll 58  29 

when  to  complete  rolls 58  29 

AUCTIONS  AND  AUCTIONEERS,  counci  to  regu- 
late  41 36  22 

license  for  how  obtained 194,195  64 

no  person  to  sell  at  auction  without  license 193  64 

sale  of  horses  at,  in  streets 386  97 

penalty  for  selling  at,  without  license 197  65 

AWNINGS 303  83 

injury  from 497  115 

BALL,  council  may  regulate  playing  at,  in  streets....  25  36  20 

playing  at,  in  streets 283 

BEAR,  leading  in  streets 524  119 

permitting  to  run  at  large 524  119 

BELLS,  council  to  prevent  ringing  of 32-36  21 

BOARD  OF  CANVASSERS,  city  clerk  is  clerk  of....  18  11 

BOARD  OF  EDUCATION,  clerk  of 124  48 

duties  of  clerk  of 125  49 

composition  and  quorum  of 124  48 

general  power  and  duties  of 131,133  50 

may  allow  non-resident  pupils  in  schools 132  51 

no  member  of,  to  teach  in  schools 143  54 

to  prosecute  treasurer  for  default 130  50 

subject  to  rules  of  state  superintendent 136  52 

to  control  school  funds 54,55  29 

to  report  to  council 135  52 

trustees  of  district  library 134  51 

BOARD  OF  HEALTH,  city  clerk  is  clerk  of 18  11 

council  to  establish  and  regulate 59-36  24 

may  abate  nuisance  how 493  494  114 

resisting 475  111 

to  have  access  to  markets 326  88 

to  visit  places  of  employment 408  100 

BOARD  OF  REVIEW,  city  clerk  is  clerk  of 18  11 

duties  of .* 59  29 

when  and  where  to  meet 59  29 

who  constitutes 59  29 

BON  FIRES,  making 255  74 

BREACH  OF  THE  PEACE 530  120 

BREAD,  council  to  regulate  sa!e  of 38  36  22 


124 


INDEX. 


Sec.  Page. 

may  be  condemned 333  89 

offering  condemned,  for  sale 335  89 

shall  be  wholesome,  and  sold  by  avoirdupois 330  89 

weight  of,  and  how  stamped 331  89 

BONDS,  council  may  require  officers  to  give 4-36  18 

BOUNDARIES 2 6 

BRIDGES,  action  against  vessel  for  injury  to 150  55 

council  to  control  and  regulate 34-36  21 

genera]  laws  of  state  apply  to 150  55 

maintained  across  Fox  river 154  56 

bands  not  to  keep  time  in  crossing 363  93 

breaking  into  lines  of  teams  crossing 361  93 

crowds  on 362  93 

driving  onto  after  signal  given  of  opening 355  92 

fast  driving  on 356-92  387  97 

persons  not  to  loiter  on 362  93 

number  of  cattle  driven  on  limited 357  92 

order  of  crossing 360  93 

procession  not  to  keep  time  on 363  93 

resisting  officer  in  charge  of. 361  93 

resisting  tender  of 355  92 

tender  of,  how  punished 368  94 

»o  be  closed  when  alarm  of  fire 364  93 

travelers  to  keep  to  the  right  on 359  93 

vessels  not  to  attempt  to  pass,  when 367  94 

vessel  signals 365,  366  93 

wilfully  stopping  on 358  92 

BUILDINGS,  council  may  regulate  construction  of..  54-36  22 

BULL,  letting  to  cows 509  116 

BURGLAR’S  TOOLS,  found  in  possession  495  114 

BUTCHERS  defined 329  89 

CANNON,  discharging  without  permission 261  75 

CEMETERIES,  council  to  provide  and  regulate 28-36  21 

defacing  or  stealing  therefrom 402  99 

fee  for  digging  grave 400  99 

improvement  committee  has  charge  of 397  98 

“ “ their  duties  in  respect  to  397-8  98 

overseer  of  how  appointed 398,400  98 

refusing  to  repair  fences 403  99 

when  dead  may  be  buried  in 401  99 

CHARTER,  when  to  take  effect 160  57 

CHIEF  OF  POLICE,  appointed  by  council 34  17 

fees  of 24  14 

keeper  of  lock-up 24  14 

powers  and  duties  of 24  14 

subordinate  to  mayor 24  14 

when  and  by  whom  appointed 34  17 

charged  with  enforcing  article  XI 324  88 

keep  snow  from  sidewalk  in  front  of  jail 314  86 

may  prescribe  rules  for  police  with  mayor’s  ap- 
proval  175  61 

duties  of 170-174  60 


INDEX. 


125 


Sec.  Page. 

shall  file  mayor’s  order  discharging  prisoner 192  64 

shall  require  labor  of  convicts 190  63 

CHILDREN,  council  to  provide  for  destiute 51-36  23 

CHIMNEYS,  plastered  on  inside 257  75 

CITY  ATTORNEY,  duties  of 20  13 

when  and  by  whom  appointed 34  17 

who  qualified 20  13 

may  elect  under  which  ordinance  to  prosecute.  183  62 

CITY  CLERK,  general  duties  of 165-60  18  11 

give  bonds 18  11 

is  clerk  of  board  of  canva«sers 18  11 

is  clerk  of  board  of  health 18  11 

is  clerk  of  board  of  review 18  11 

may  appoint  deputy 18  12 

to  notify  mayor  when  appeal  taken 45  27 

shall  engross  ordinance  before  passage 181  62 

shall  record  ordinance  and  index  same 182  62 

CITY  ORDERS,  bear  interest  after  payment  refused  157  56 

how  drawn 50  28 

CITY  PRINTER,  affidavit  of  conclusive  evidence 30  16 

duties  of 30  16 

CITY  PRINTING,  council  may  reject  all  bids  for....  30  16 

council  to  advertise  for 30  16 

let  to  lowest  bidder 30  16 

CITY  SURVEYOR,  duties  of 166,168-60,  20  13 

when  and  by  whom  appointed  34  17 

CITY  TREASURER,  fees  of 19  12 

general  duties  of 19  12 

how  to  collect  taxes 67  31 

not  to  pay  out  money  unless  authorized 40  26 

shall  keep  all  city  moneys * 50  28 

to  return  two  delinquent  tax  lists 69  31 

to  keep  school  moneys 128  50 

to  report  to  council 19  12 

when  to  pay  out  school  moneys 142  54 

COAL  A ND  LIME,  council  to  regulate  sale  of 40  36  22 

coal  sold  by  avoirdupois  weight 337  90 

vender  of  coal  to  exhibit  certificate  of  weight  to 

buyer 338  90 

COASTING,  in  streets 282  90 

COMBUSTIBLE  MATERIALS,  must  be  destroyed...  206  66 

scattering  in  streets 209  67 

COMMISSIONS,  how  executed 35  17 

COMMON  COUNCIL,  account  disallowed  not  recon 

side  red 43  26 

committee  of  must  attach  petition  and  see  to 

report 164  59 

compel  attendance  of  members 32  17 

determination  on  claim  final  unless  appeal  taken  42  26 

election  by,  viva  voce 10  8 

has  control  of  city  property 36  17 

may  expend  monev  on  highways  outside  of  city  158  56 


126 


INDEX. 


Sec.  Page. 

not  to  order  improvements  exceeding  $250  with- 
out petition  or  two  thirds  vote 85  38 

power  of  less  than  quorum 32  17 

preserve  order 32  17 

quorum  of * 32  17 

regular  meetings  when  and  where  held 32  17 

COMMON  COUNCIL,  rules  of 32  17 

special  meetings  of  when  and  where  held 32  17 

may  compel  attendance  [of  witnesses  before 

council 4G  27 

may  prescribe  duties  of  street  commissioner 31  16 

may  prevent  riots  and  disturbances .. 9-36  17 

to  adopt  and  alter  seal 2-36  18 

to  adoDt  means  for  collecting  licenses,  etc 5-36  18 

to  appoint  inspectors  and  clerks  of  election 4-36  18 

to  appoint  fire  warden 252  74 

to  authorize  destruction  of  devices  for  gaming 8-36  19 

to  control,  buy  and  sell  city  property 3-36  18 

to  confirm  appointments  of  officers  of  lire  de- 
partment  239  72 

to  establish  rules  of  precedure 1-36  18 

10  impose  fines  for  violatio  of  general  laws  47  36  23 

to  license  hackmen,  etc.  and  fix  compensation...  21-36  20 

to  punish  for  non-attendance 32  17 

to  license  sale  of  intoxicants 7-36  18 

to  license,  tax,  and  supress  shows,  etc 6 36  18 

to  limit  and  define  duties  and  powers  of  officers...  4-36  18 

to  prevent  cruelty  to  animals 18  36  20 

to  prevent  incumbering  streets  and  public  grounds  1 7-36  19 

to  prevent  horse  racing  in  streets 18-36  20 

to  prevent  shooting  of  fire  arms,  etc 16-36  19 

to  regulate  and  control  saloons 7-36  18 

to  pass  ordinances  recommended  by  school  board  139  53 

to  regulate  and  restrain  keeping  of  gun-powder  14  36, 15-36  19 

to  prevent  cattle  and  fowls  from  running  at  large  21-36  20 

* to  restrain  and  prohibit  gaming 8 36  18 

to  restrain  and  punish  vagrants  and  prostitutes...  20-36  20 

to  restrain  and  suppress  houses  of  ill-fame 9 36  19 

to  restrain  drunkenness  and  obscenity 20-36  20 

to  suppress  disorderly  houses  and  saloons 9 36  19 

what  officers  appointed  by 34  17 

who  composes 32  16 

CONCEALED  WEAPONS,  council  may  regulate 

carrying 53  36  24 

carrying 483,  484  112 

mayor  may  license  carrying 485,  486  112 

CORPORATE  AUTHORITY,  in  whom  vested 4 6 

CONTRACTS,  how  executed  35  17 

COSTS  persons  convicted  shall  pay 139  63 

CROWD,  collecting  to  annoyance  or  dist  urbance 530  120 

CRUELTY  TO  ANIMALS,  council  to  prevent 18-36  20 

DERRICKS,  see  scaffolds 


INDEX. 


12 


Sec.  Page . 

DISORDERLY  CONDUCT,  what  is 520-118,  530  120 

DISORDERLY  HOUSE,  council  to  suppress 9-36  19 

keeping . 511  117 

leasing  building  for 511  117 

resorting  to  or  becoming  inmate  of  512  117 

DISTRICT  LIBRARY,  school  board  are  trustees  of...  134  51 

DISTURBING  ASSEMBLY  of  people 521  118 

DOGS,  at  large  contrary  to  ordinance  a nuisance 396  98 

city  clerk  to  deliver  to  each  licensee,  a tag 391  97 

council  may  license  keeping  of 23-36  20 

council  to  prevent  running  at  large 22  36  20 

how  licensed 390  97 

must  be  licensed 389  97 

not  muzzled  to  be  killed,  when 394  98 

not  licensed,  to  be  killed  393  98 

owners  of,  to  cause  to  wear  collar  and  tag  392  97 

ordinance  does  not  apply  to  dogs  temporalily  in 

city 393  98 

to  be  muzzled 392  97 

unlawfully  resisting  killing  of 395  98 

DRAYMEN,  council  may  regulate 24  36  20 

injuring  walk  must  repair  same 312  85 

must  obey  police  at  depot,  etc 180  62 

shall  obey  engineers  of  fire  departments  at  fires...  247  73 

DRESS,  appearing  in  dress  not  belonging  to  sex 513  117 

DRUNKENNESS,  council  to  restrain 20  36  20 

punishment  for 522  118 

DRUGGIST,  selling  medicine  under  false  names 518  118 

ELECTIONS,  apDointment  of  inspectors  and  clerks  of  4-36  18 

board  of  canvassers  who  constitutes 11  9 

by  ballot 10  8 

by  council,  viva  voce 10  8 

challenge  of  voters  at 11  9 

council  may  call  special 4-36  18 

how  held  and  certified 11  9 

notice  of 8 8 

officers  elect  to  be  notified 11  9 

plurality  shall  elect 10  9 

poll  of,  how  long  open 8 8 

poll  of,  where  held, 8 8 

special,  how  held  and  certified 8 8 12  9 

tie  v»te,  how  determined 10  9 

when  held 8 8 

ELECTORS,  who  are 9 8 

ELECTIVE  OFFICERS, 5 6 

how  removed 5 7 

term  of  office  of 5 7 

term  of,  when  begins 5 7 

ELECTRIC  LIGHT,  wires  and  poles  council  may 

regulate.... 58-36  24 

EXEMPTION,  city  property  not  liable  on  execution.  149  55 


128 


INDEX. 


Sec.  Page. 

EXPLOSIVES,  how  to  be  kept 212  67 

not  to  be  drawn  by  artificial  light 212  67 

FIRE,  ashes  to  be  kept  in  wooden  recepticle 211  67 

carrying  fire  in  street 208  67 

combustible  material  to  be  destroyed,  etc 206  66 

drawing  explosives  by  artificial  light 212  67 

keeping  explosives  in  building 212  67 

making  false  alarm  of 204  66 

piling  lumber  within  100  feet  of  planing  mill 210  67 

scattering  combustible  material  in  streets 209  67 

setting  off  fire  works  and  making  bon  fires 255  74 

stove  how  set  up  in  building 207  66 

using  unsafe  light  in  stables,  etc 205  66 

FIRE  ARMS,  council  to  prevent  shooting  of 16  36  19 

council  to  regulate  use  of 90  40 

discharging 258  75 

selling  or  loaning  to  minors 259  75 

FIRE  DEPARTMENT,  assistant  engineers  how  desig- 
nated and  duties 222  69 

assistant  engineers  shall  obey  chief 230  70 

chief  of,  his  duties 97  42 

chief  engineer  of,  his  power  and  duties 221  69 

chief  engineer  to  be  near  fire 229  70 

chief  engineer  to  keep  snow  from  sidewalk 214  68 

chief  engineer  to  report  to  council 97  42 

council  may  form  and  disband  companies 91  41 

council  may  prescribe  fire  limits 89  40 

council  may  prevent  dangerous  construction 90  40 

council  may  purchase  engines  for 91  41 

council  to  organize  sack  com  panics 96  42 

defacing  or  injuring  engines 245-248  73 

driving  wagon  over  unprotected  hose. 250  73 

duties  of  chief  engineer 22  13 

engines,  etc.  how  drawn,  when  fire 249  73 

engineers  may  require  aid  from  by-standers 247  73 

executive  committee  of  who  are,  their  duties 236  71 

fines  from  fire  ordinance  paid  to 94  41 

FIRE  DEPAR  TMENT,  fire  company  defined 238  71 

foremen,  their  duties 228,  23i  71 

funds  of,  under  control  of  executive  committee...  237  71 

ho«e  protectors,  procured  and  carried 257  75 

members,  of  their  duties 232,  233  71 

meetings  of,  when  held 239  72 

officers  of,  how  and  when  elected 239  ^2 

officers  of 220  69 

officers  of,  their  duties 227  70 

officers*  of  companies,  when  and  how  elected 241  72 

officers  of,  how  removed 241  72 

officers  of,  term  of  office 239,  241  72 

officers  of,  to  wear  budges 225  69 

officers  of,  may  arrest  at  fires 95  41 


INDEX. 


129 


Sec.  Pag  e 

officers  of,  may  require  aid  from  by-standers 90  40 

quarterly  reports  to  council 223  69 

record  cf  members  kept  and  reported  to  council..  224  69 

refusing  to  aid  in  extinguishment  fire 244  72 

refusing  to  obey  officers  of  punished 243  72 

resisting  fire  officers 245,  248  73 

secretary  and  treasurer  of  who  appoints 240  72 

secretary,  his  duties 234  71 

treasurer  of  give  bonds,  his  duties 235  71 

vacancy  in  office  of,  how  tilled 241,  242  72 

when  and  by  whom  chief  of,  appointed 34  17 

when  chief  and  assistants  absent,  who  commands.  226  70 

when  company  to  meet 92  41 

FIRE  LIMITS,  building  not  fire  proof  not  erected  in 

second,  without  permission 216  68 

buildings  not  erected  in  first,  unless  fireproof 215  68 

buildings  unlawfully  erected  or  moved  to  be  razed  219  68 

defined 213,214  67 

penalty  for  violating  ordinance  relating  to 218  68 

what  building  is  fire  proof 217  68 

FIRE  PROOF  BUILDINGS,  what  are 217  68 

FIRE  WARDEN,  common  council  shall  appoint 

34,  17,  44  36  23  252  74 

duties  of ...  253  74 

erecting  dangerous  stoves  with  consent  of 256  75 

hindering,  in  performing  duties 254  74 

powers  and  duties  of 27,  15  93,  95  41 

refusing  to  obey  253,  254  74 

FIRE  WORKS,  council  may  regulate  use  of 90  40 

mayor  may  permit  on  July  Fourth 260  75 

setting  off 255,  260  75 

FOX  RIVER,  council  to  regulate  wharfage  thereon...  50-36  23 

council  to  control  piers  on 50  36  23 

fouling  waters  of * 49-36  23 

FIRST  ELECTION, 6 7 

GAMING,  council  may  authorize  destruction  of  de- 
vices for 8-36  19 

council  may  punish  for 52  36  23 

council  may  restrain  or  prohibit 8 36  19 

devices  for,  seized  and  destroyed 482  112 

duty  of  police  in  respect  to 478  111 

exposing  device  for,  in  streets 480  112 

frequenting  or  dealing  at 481  112 

having  device  for,  in  possession 479  111 

punishment  for 477  111 

refusing  police  admission  to  place  where 478  111 

resisting  officer  when  seizing  device  for 482  112 

setting  up  or  keeping  house  for , 476  111 

GENERAL  LAW,  not  to  repeal  charter  unless  so  ex- 
pressed  153  56 

HAY,  council  to  regulate  the  sale  of 40-36  22 


130 


INDEX. 


Sec.  Page. 

HEALTH,  adequate  privies  to  be  provided 409,  414,-15  101 

allowing  animal  matter  to  fall  in  streets 420-1  102 

allowing  privy  to  become  a nuisance 424  103 

boarding  house  to  be  kept  wholesome 410  101 

board  of,  to  visit  factories 408  100 

bringing  diseased  meat  to  market 432  105 

buildings  with  defective  ventilation 404  99 

buildings  unhealthy,  not  to  be  occupied 405  100 

butchers  to  allow  inspection  of  food 456  308 

bedding  from  stables  where  kept 464  109 

bringing  or  having  un  wholesome  food  to,  or  for, 

sale 472  110 

cattle  not  tied  when  transported 449  107 

cattle  not  to  be  yarded  without  permit 448  107 

conveying  offal  in  streets 457  108 

council  to  abate  nuisances,  etc 27-36  21 

council  to  control  use  of  water  in  river 49-36  23 

council  to  establish  board  of  health 59-36  24 

council  to  establish  hospitals 31-36  21 

council  to  make  all  necessary  regulations  for 26-28  21 

council  to  compel  cleansing  of  unwholesome  places  10-36  24 

council  to  prevent  unwholesome  substances  in  city  30-36  21 

creating  nuisance  on  private  lot 429  104 

diseased  animal  not  to  be  brought  in  city 467  110 

exposing  dead  human  body 470  110 

exposing  tainted  food  for  sale 443  106 

food  on  sale  to  be  wholesome 441  106 

fouling  water 445  107 

garbage  how  moved 465  109 

horse  with  glanders  not  to  be  kept  in  city 469  100 

keeping  animals  in  unwholesome  places 446  107 

lockup  to  be  kept  wholesome 417  102 

ice  box  in  markets  to  be  kept  water  tight 441  106 

no  building  or  structure  being  nuisance  permitted..  473  110 

night  soil  disinfected  before  removal 462  109 

places  of  employment  to  be  kept  clean 407  100 

permitting  nuisances  to  exist  in  any  business 474  110 

permitting  children  to  work  in  factories 412  101 

throwing  animal  matter  in  river • 421  103 

throwing  unwholesome  substances  in  river 431  105 

selling  food  under  false  pretense ...  439  106 

sick  or  dead  animals  not  to  be  left  in  public  place*.  469  110 

slaughtering  cattle  in  or  near  market 455  108 

slaughtering  cattle  in  street 452  108 

stables  to  be  kept  clean 447  107 

stirring  offensive  ground 459  108 

throwing  unwholesome  substance  in  river 418  102 

permitting  factory  to  be  unhealthy 406  100 

permitting  fragment  to  fall  from  buildings 426  103 

permitting  offensive  substances  on  premises 419  102 

permitting  privy  vault  to  overflow 422  103 


INDEX. 


131 


Sec. 


person  finding  dead  body  to  report  to  board  of 471 

person  in  charge  of  building  must  disclose  owner...  416 
person  having  knowledge  must  report  unwhole- 
some food  442 

privy  vault  how  cleaned 463 

privy  when  made  how  rebuilt 466 

public  pound  to  be  kept  wholesome 458 

moving  contents  of  privy 426 

roors  to  be  kept  in  repair 413 

resisting  board  of  health 475 

selling  animals  too  young  for  food 433 

selling  or  killing  overheated  diseased  ©r  meagre 

animals 433,  434 

selling  watered  or  skimmed  milk 444 

scavenger’s  cart  how  constructed  and  used 160,  461 

seiving  ashes,  etc.  in  street 425 

sewers  and  drains  how  constructed 427 

slaughter  house  not  to  be  used  as  lodging  house 

without  permit 453 

slaughter  house  to  be  kept  clean  and  wholesome...  451 

slaughter  house  under  control  of  council 450 

sleeping  in  cellars 411 

throwing  garbage  etc.  into  privy 423 

tubs,  etc.  containing  offensive  matter  how  made...  430 

unwholesome  meat  not  to  be  sold 432-438 

water  closet  when  connected  with  sewers 428 

water  from  roofs  to  be  carried  away 1 413 

yarding  and  killing  controlled  by  council 454 

HIGHWAYS,  outside  of  city,  how  money  appropriated 

for 158 

HITCHING  POSTS, 305 

HORNS  AND  BUGLES,  council  to  prevent  blowing  of  32-36 

HORSES,  auction  of  in  street 386 

council  may  punish  practices  tending  to  frighten...  25  36 

council  to  compel  persons  to  keep  fastened 18-36 

council  to  prevent  racing 18  36 

driving  on  sidewalks 308-383 

fast  driving  at  street  corners 380 

fast  driving  from  alley 381 

fast  driving  of 379 

fast  driving  on  bridges....,, 387 

freightening  in  street 496 

having  glanders  not  to  be  kept  in  city 468 

how  fastened  in  street 304 

leaving  unfastened  in  street 388 

racing  in  streets 384 

suffering  to  go  at  large  in  streets 382 

throwing  substance  in  streets  to  freighten 498 

HOSPITALS,  council  to  provide  and  regulate 28,  31-36 

HOUSES  OF  ILL  FAME,  conncil  to  suppress 9-36 

declared  to  be  a nuisance 514 


Page 

110 

102 

106 

109 

110 
108 
103 
101 
111 
105 

105 

106 

109 

103 

104 

108 

107 

107 
101 

103 

105 
105-6 

104 
101 

108 

56 
84 
21 
97 
20 
20 
20 
85  96 
96 
96 

96 

97 

114 

110 
84 
97 
96 
96 

115 
21 
19 

117 


132 


INDEX. 


Sec.  Page. 

keeping 511  117 

letting  house  to  be  used  as 511  117 

resorting  to  or  becoming  inmate  of 512  117 

who  are  inmates  of 515  117 

ICE,  council  to  regulate  cutting  and  sale  of 40-36  22 

selling  impure  punished 351  91 

sold  by  avoirdupois 351  2 91  2 

ICE  VENDER,  of  not  to  let  scales  project  from  wagon  353  92 

IMPRISONMENT, 106  45 

escape  from 191  64 

how  discharged  from 192  64 

if  fine  and  costs  not  paid  sentenced  to 190  63 

INCORPORATION,  and  powers  of 1 5 

INDECENT  BEHAVIOR 513  117 

INDECENT  BOOKS  AND  PICTURES  exhibiting  or 

selling 516  118 

INDECENT  DRESS 513  117 

INDECENT  EXPOSURE  or  conduct,  council  to  reg- 
ulate  19-36  20 

of  person 513  117 

INDEBTEDNESS,  limit  of Const  ART  XI  3 1 

INJURING  DEFACING  or  destroying  fence  awnings  etc  497  150 

INTOXICATION 522  118 

JUDGMENT,  on  conviction 106  45 

JURISDICTION  OF  JUSTICES 28  15 

JUSTICE  jOF  THE  PEACE,  defendant  acquitted  dis- 
charged by 108  40 

appeal*  from,  how  taken 107  46 

certified  copy  of  ordinance  prima  facia  evidence...  119  48 

complaint  malicious  complainant  to  pay  costs 108  46 

docket  entries  of 101  44 

finding  by,  guilty  or  not  guilty 110  47 

inhabitant  of  city  competent  juror Ill  47 

judgment  imposed  on  conviction  by 106  45 

jurisdiciion  of, 28,  99  15  43 

make  quarterly  reports 118  48 

may  commit  to  lock  up  pending  trial 105  45 

proceedings  tin  trial  before 104  45 

when  title  to  land  in  question 114-17  47 

to  notify  city  attorney 103  45 

to  require  bail 105  45 

venue  how  changed 102  44 

warrant  how  issued 100  43 

when  elected Const  ART  VII  15  1 

when  to  try  for  violation  of  ordinance 102  44 

witnesses  attend  without  tender  of  fees 109  46 

KITE,  council  may  prevent  flying  of 25-36  20 

flying  in  street 501  115 

LAM  PS,  breaking  public 347  91 

council  to  establish  and  regulate 37-36  22 

hitching  to  lamp  posts 350  91 

piling  goods  against  lamp  posts 350  91 


INDEX. 


133 


Sec.  P&ge 

removing  public  lamp  posts 349  91 

removing  street  signs  from a 348  91 

unlawful  lighting  of  public 346  91 

LAMP  POSTS,  erected  by  individuals 319  87 

LAMPS  AND  LAMP  POSTS  ERECTED  as  signs  to  con- 
form to  ordinance 320  87 

LIBRARY,  not  returning  books  from 345  91 

wilfully  injuring 344  91 

LICENSES,  granted  by  mayor 162  59 

how  issued  and  executed 35  17 

LOCK  UP,  chief  of  police  keeper  of 24  14 

council  may  establish 57-36  24 

ho  v released  from 106  45 

MARKETS,  bringing  “gut  fat”  into 325  88 

butcher  defined 329  89 

council  may  regulate  sale  of  food  and  destroy  un- 
wholesome food 13-36  19 

council  to  establish  and  regulate 12-36  19 

killing  or  dressing  animals  in  or  near 328  88 

refuse  from 328  88 

sweeping  dirt  from  into  street 327  88 

to  be  kept  clean 326  88 

MAYOR,  appoint  special  policeman 16  10 

commands  police 16  10 

duties  and  powers  of 16  10 

his  office  where  kept 161  59 

may  by  proclamation  permit  fire  works  July  4th...  260  75 

may  license  auctioneers 195  6 64 

grant  licenses  under  law 162  59 

may  license  amusements 199  200  65 

may  license  carrying  concealed  weapons 485-6  112 

may  order  obstructions  removed  from  streets 271  77 

may  order  removal  of  teams  obstructing  streets....  274  77 

may  permit  cannon  to  be  fired 261  75 

may  prescribe  rules  for  police 175  61 

may  punish  officers  for  violation  of  duty 163  59 

may  release  convicts 192  64 

may  veto  ordinance 36  25 

peace  officer 26  15 

may  suspend  policeman 16  10 

misfeasance  of  liable  for 152  56 

shall  have  free  access  to  public  places 178  61 

shall  sign  commissions,  licenses  and  permits 161  59 

shall  sign  ordinance  if  approved  by  him 36  25 

supervise  conduct  of  officers 163  59 

to  remove  obstruction  on  sidewalk 313  85 

veto  power  of 16  10 

when  has  vote 16  10 

MISCELLANEOUS  OFFENSES,  driving  over  unpro 

tected  hose 250  73 

making  false  alarm  of  fire 204  66 

resisting  officer 179  62 


134 


INDEX. 


Sec.  Page 

standing  in  lobby  or  stairs  of  licensed  hall 203  66 

using  unsafe  light  in  stable 205  66 

MONUMENTS,  council  to  regulate  in  streets,  etc 48  36  23 

MOVE  ON 505  116 

NOTICE  of  insufficiency  of  street  given  before  city  liable  155  56 

NOXIOUS  WEEDS,  council  to  abate 46-36  23 

NUMBERING  HOUSES  AND  BUILDINGS,  council  to 

provide  for 45-36  23 

NUISANCE  board  of  health  may  abate,  how 492-3  114 

buildings  in  street,  are 272  77 

council  to  abate 30-36  39 

factory,  stables,  pens,  becoming  offensive  are 487  113 

goods  left  on  walks  more  than  six  hours  are 491  114 

may  be  abated  according  to  law 37  25 

privies  when  are 489  133 

stores,  house,  etc.,  becoming  offensive  is 488-90  113 

what  are 37  25 

what  are,  not  herein  enumerated 494  114 

OBSCENE  OR  INDECENT  EXPOSURE  council  to 

prevent 19-36  20 

OBSCENE  LANGUAGE 523  119 

OBSCENITY,  council  to  restrain 20  36  20 

OFFICERS  council  may  define  duties  and  fix  pay 4-36  38 

how  to  qualify 148  55. 

if  attorney  not  to  appear  against  city 48  26 

refusing  to  deliver  books  to  successor 146  55 

shall  execute  vouchers  on  settlement  with  council..  38  25 

OFFICE  who  eligible  to.. 5 7 

OPIUM  JOINT  keeping  or  being  an  inmate  of 526  119 

ORANGE  PEEL  not  to  be  thrown  on  sidewalk ...  504  116 

ORDINANCES  certified  copy  of  prima  facia  evidence..  319  48 

cny  attorney  may  elect  under  which  to  proceed 183  62 

city  clerk  shall  present  to  mayor 165  60 

council  may  prescribe  penalty  for  violation 60  36  24 

how  passed  over  veto 36  25 

in  force  till  altered  by  council 112  47 

maximum  and  minimum  penalty  when  no  other 

provided 187  63 

maximum  penalty  when  no  other  provided 184  62 

original,  preserved 182  62 

penalty  not  more  than  maximum  nor  less  ttian 

minimum  imposed 188  63 

persons  violating,  pay  costs  and  be  imprisoned 189  63 

published  and  recorded  before  in  effect 36  25 

printers  affidavit  conclusive  evidence  of  publication  30  16 

recorded  and  indexed 182  62 

repeal  of,  not  to  restore  former 185  62 

shall  be  engrossed  before  final  passage 181  62 

shall  be  presented  to  mayor 36  25 

style  of 32  16 

what,  repealed 531  120 

words  how  construed 186  63 


INDEX 


135 


Sec.  Page 

PARKS,  animals  not  to  be  turned  into 262  76 

defacing  or  injuring 263  76 

fire  arms  not  to  be  carried  in  or  missiles  thrown 263  76 

making  fires  in 266  76 

hawking  or  peddling  not  permitted  in 264  76 

telling  fortunes  and  playing  games  of  chance  in 265  76 

threating  or  indecent  language  in 265  76 

council  to  regulate  erection  of  monuments  in 48-36  23 

PEACE  OFFICERS,  who  are 26  15 

PENALTY,  council  may  prescribe 60-36  24 

costs  also  imposed 189  63 

maximum  and  minumum  wnere  no  other.—. 187  63 

maximum  where  no  other 184  62 

not  more  than  maximum  or  less  than  minumum..  188  63 

PLATS  OF  CITY,  council  to  obtain 49  28 

POLICE,  council  to  appoint 34-17  44  36  23 

fraud  or  injustice  in  discharge  of  duties 177  61 

duty  in  regard  to  gaming 478  111 

mayor  may  suspend 16  10 

may  order  removal  of  team  obstructing  street 274  77 

penalty  for  violation  of  duty 177  61 

power  and  duties  of 25  14 

175,  L80,  61 

report  all  accidents  on  streets  to  city  attorney 315  86 

rules  for  conduct  prescribed  by  mayor  and  chief...  175  61 

street  commissioner  is  a policeman 30  16 

to  remove  certain  obstructions 324  88 

to  remove  goods  from  sidewalk 302  83 

POOR,  support  of..... 98  43 

POSTS,  prohibited  when 321  87 

POUNDS,  animals  how  released  from 374  95 

animals  impounded  sold  if  not  realeased 375  95 

breaking  open 377  99 

chief  of  police  keeper  of 372  94 

duties  of  keeper  of 372  94 

council  may  establish 2136  20 

council  to  establish  and  regulate 36  36  22 

impounding  fee 373  95 

obstructing  impounding  of  cattle 378  96 

owner  of  cattle  at  large  how  punished 370  94 

proceeds  of  sale  how  disposed  of 376  95 

POUNDS,  rescuing  cattle 378  96 

to  be  kept  wholesome 458  108 

who  may  impound  cattle  at  large 371  94 

PRESERVING  PEACE,  refusing  to  aid  in 26  15 

PRIVATE  PROPERTY  not  to  be  taken  by  city  till 

after  verdict Const  ART  XI  2 1 

PRESIDENT  OF  COUNCIL  who  appoints 34  17 

duties  of 17  11 

PUBLIC  ACT,  city  charter  is... 155  56 

PUBLIC  GROUNDS  COUNCIL  to  establish  and  reg- 
ulate   43  36  22 


136 


INDEX. 


Sec.  Page 

PUBLIC  IMPROVEMENTS,  how  made 86  38 

PUBLIC  PROPERTY,  city  may  buy  and  sell 151  56 

injuring  or  defacing 500  115 

RAILING  spikes  not  to  be  attached  to 503  115 

REPEAL  all  acts  conflicting  with  charter  are 159  57 

RIGHT  OF  WAY  IN  STREEPS,  council  may  grant....  55-36  24 

RIOTS  530  120 

council  may  prevent 9-36  19 

SALARIES,  fixed  by  council 144  55 

SALOONS  regulated  and  controlled  by  council 7*36  18 

SCAFFOLDS  how  erected 519  118 

when  a nuisance 519  118 

SECOND  PRECINCT  SECOND  WARD  poll  of 13  9 

regristration  in 13  9 

SEAL 105  45 

council  to  adopt  and  alter 2 36  18 

SENTENCE  on  conviction 106  45 

SEWERS,  how  ordered  and  built 84  37 

SCHOOLS  accounts  against  school  fund  how  audited...  144  54 

board  of  to  certify  to  council  estimates  for  taxes...  126  49 

city  constitutes  one  district 120  48 

commissioner  of,  how  removed 123  48 

council  may  punish  for  disturbing 52-36  24 

council  to  pass  ordinance  reported  by  board 139  53 

money  belonging  too  how  disbrused 142  54 

non  resident  pupils  to  pay  tutition 132  51 

property  exempt  from  taxes 141  54 

property  how  sold 140  53 

superintendent  of,  misfeasance  in  office 152  56 

superintendent  of,  president  of  board  of 121  48 

title  of  property  in  city 141  54 

commissioner  of,  misfeasance  in  office 152  56 

SCHOOL  OFFICERS  who  are 145  55 

SIDEWALKS  awnings  how  built 303  83 

ooiluer  furnace  etc.  not  to  be  under 298  82 

building  beyond  established  width 289  80 

building  contrary  to  grade 285  79 

cess-pool  not  to  be  under 298  82 

coal  vault  under  how  repaired  if  defective 299  82 

council  may  adopt  general  regulations  for 82  36 

comncil  to  compel  removal  of  snow  from 33  36  21 

council  to  control  and  regulate 34-26  21 

council  to  prevent  driving  animals  on 35-36  22 

council  to  prevent  encumbering  of 17-36  19 

draymen  injuring,  shall  repair 312  85 

driving  across 308  85 

driving  on 310-85  383  96 

driving  on  in  front  of  store 311  85 

erecting  booth  for  sale  of  goods  on 529  119 

glass  not  to  be  inserted  in 287  80 

goods  not  to  be  stored  on 302  83 

goods  suspended  as  signs 318  87 


INDEX 


137 


See.  Page 

goods  obstructing,  the  same  to  be  removed 302  83 

grade  of  how  fixed 285  79 

hitching  places  in 305  84 

horses  not  to  stand  on  crosswalks 309  85 

how  constructed 284,286  79 

inclination  of 286  80 

leaving  openings  in  uncovered 306  84 

must  be  kept  clean 270  77 

obstructions  to  be  removed 313  85 

obstructing  with  goods 307  84 

opening  in  how  covered 294  81 

orange  peel  on 504  116 

owner  and  occupant  liable  for  damage  from  open- 
ing in < 295,296  81 

owners  to  alter  or  repair  when  notified 300  83 

permit  not  granted  for  space  under,  at  corner 292  81 

piling  wood,  coal,  etc.  on 310  85 

porches  and  steps  not  to  obstruct 300  83 

re-laying  at  different  grade • 288  80 

removing  cover  tc  opening  in 297  82 

snow  to  be  removed  from 314  86 

to  be  altered  and  repaired  by  city  when  owner  ne- 
glects  340  90 

using  space  under 290-3  80 

8IG NTs  advertising  on  wills  etc,  prohibited 322  87 

goods  how  suspended  oyer  walks 318  87 

illuminated  how  erected v 319  87 

prohibited  except  as  provided  in  ordinance 321  87 

suspending  over  walks 316  17  86 

SIGN  BOARDS,  injuring 497  115 

SLAUGHTER  HOUSES  council  to  regulate  or  abate...  11-36  19 

SNOW  sidewalks  to  be  Kept  free  from 314  86 

S TALLIONS  letting  to  mares 509  116 

STEAM  ENGINES  AND  BOILERS  council  to  regulate  42  36  22 

STREETS  auctions  of  horses  in .' 386  97 

assessments  of  damages  in  opening  how  collected..  79  35 

beating  drum,  etc.  in 528  119 

blowing  horns,  etc  in 528  119 

building  material  in  to  beguarded 279  78 

buildings  not  to  be  erected  in 273  77 

coasting  in 282  79 

depositing  or  permitting  offensive  substances  in 429  431  104  5 

depositing  unwholesome  substances  in 418-22  101 

damages  on  opening  how  assessed 76-9  34  79  35 

digging  or  tearing  up 268  76 

duties  of  officers  in  respect  to  lights  and  guards 281  79 

erecting  booths  for  sale  of  goods  in 529  119 

excavations  in  t©  be  guarded 278  78 

expense  of  paving  how  apportioned 84  37 

expense  of  surveying  paid  by  city 84  37 

extraordinary  filling  expense  of,  aportionment 87-8  39 

extraordinary  filling  how  done 87  39 


138 


INDEX 


Sec.  Page 

flying  kite  in 501  115 

heaping  wagon  so  contents  fall  in 275  77 

horses  how  hitched  in 304  84 

horse  racing  in 384  5 96 

leaving  horses  unfastened  in 388  97 

incumbering  or  obstructing 269  76 

li  ability  of  persons  digging  in 280  78 

lights  to  be  placed  in  at  night  when 276  78 

council  may  dig  down  or  fill  lots  to  preserve 56-36  24 

council  may  prevent  incumbering  of 34-36  22 

council  may  remove  obstiuctions  from 56-36  24 

council  may  adopt  general  regulations  for 82  36 

council  to  control  alter  or  vacate 34-36  21 

council  to  provide  for  lighting 27-36  22 

council  to  regulate  manner  of  using  and  protect 34  36  22 

council  to  regulate  planting  trees  in 48  36  23 

gravelling  done  at  city  expense 82  36 

how  common  council  may  lay  out 72,73  32 

how  vacated 80  36 

not  laid  out  established  by  user 81  36 

payed,  etc  by  order  of  council 85  38 

names  of  placed  at  corners 277  78 

obstructions  of  removed  by  order  of  mayor 271  77 

playing  at  ball  in 283  79 

removing  earth  from 507  116 

repairs  in  by  street  commissioner 85  38 

shall  be  kept-clean 274  77 

suffering  horses  to  be  at  large  in 380  296 

throwing  missiles  from  or  to 502  115 

throwing  water  on 525  119 

verdict  of  jury  to  lay  out  bow  appealed  from 76,  77  34 

ve»dict  of  jury  for  laying  out  how  obtained 74,  75a  75  33 

wagons  not  to  stand  in  more  than  one  hour 272 

washing  clothes,  cloth,  etc.  in 527  119 

STREET  COMMISSIONER  a policeman 31  16 

books  of  open  to  inspection 31  16 

council  may  prescribe  duties  of 31  16 

duties  of 31-16  169  60 

to  abate  certain  nuisances 83  37 

to  prevent  encumbering  of  streets 17-36  19 

report  amount  of  tax  chargeable  for  work 82  36 

to  make  necessary  repairs  in  street 85  38 

to  give  bond 31  16 

to  serve  notices  for  board  of  health 83  37 

to  direct  certain  repairs  in  streets 82  37 

to  trim  trees  when 341  190 

STREET  SIGNS  removing  from  street  lamps 348  91 

SUPERINTENDENT  OF  SCI  IOOLS, 23  13  137-8  52 

president  of  board  of  education 121  42 

SUPERVISOR  FOR  WAUSHARA  COUNTY 7 8 

SURVEYS  to  be  preserved 21  18 

SWIMMING  council  to  regulate 19-36  20 


INDEX 


139 


Sec.  Page 

in  river  without  dress 506  116 

TAXES,  city  clerk  to  make  tax  rolls 63,  64  30 

council  shall  levy  amount  certitiedfor  schools 126-7  49 

council  shall  levy  when 61  30 

council  when  not  to  remit 66  31 

error  in  assessing  or  collecting  does  not  vitiate 70  32 

for  school  purposes  under  control  of  school  board..  129  50 

general  laws  relating  to  apply 68  31 

how  collected 57  29 

levy  for  school  houses  and  grounds 53  28 

levy  for  school  purposes  controlled  by  school  board  54  29 

levy  for  school  purposes 52  28 

levy  limited  to  ten  miles  for  city  purposes 51  28 

no  property  exempt  from  special 56  29 

not  assessed  for  county  superintendent  of  schools...  71  32 

tax  rolls  when  delivered  to  treasurer 64  31 

in  second  precinct  how  levied  and  collected 62  30 

what  property  exempt  from 56  29 

TELEGRAPH  council  may  regulate 58-36  24 

TELEPHONE  council  may  control 58  36  24 

TITLE  TO  LAND  proceedings  when  in  question 114  17  47 

TREES  council  to  regulate  planting  of  in  streets 48-36  23 

how  trimmed 343  90 

penalty  for  neglecting  to  trim 341  90 

suffering  to  obstruct  public  lights 340  90 

unlawfully  cutting  etc 342  90 

VACANCY,  in  school  board  how  filled 122  48 

VACANCIES  council  may  fill 4-36  18 

officer  elect  not  qualifying  office  vacant 14  10 

officer  moving  from  his  aistrict  vacates  office 14  10 

how  filled 14  10 

term  of  officer  appointed  to  fill 15  10 

VAGRANCY council  to  punish  for 52-36  23 

council  to  restrain  and  punish 20  36  20 

VAGRANTS 508  116 

WARDS  defined 2 6 

WATER  obstructing  passage  of  in  streets,  sewer,  etc,...  499  115 

throwing  in  stieet 525  119 

WATCHMAN 25  15 

council  to  appoint 44  36  23 

WATERWORKS  council  to  provide 36  36  22 

W’EIGHTS  AND  MEASURES  council  to  require 

sg&IgcI  30  30  22 

WELLS  public  council  to  establish 36-36  22 

council  may  construct 85  38 

WILFUL  AND  MALICIOUS,  complainant  to  pay  costs 

when  complaint  is 108  46 

WITNESSES  attend  for  city  without  tender  of  fees 109  46 

compelled  to  attend  before  council 46  22 

WOOD  council  to  regulate  sale  of 40  36  28 

WORDS  how  construed 186  63 

YEAS  AND  NAYS  upon  ordering  special  improvement  85  38 

on  passing  ordinance  over  veto 36  25 


